Sharpe v. Hughes

Supreme Court of Alabama
Sharpe v. Hughes, 80 So. 798 (Ala. 1918)
202 Ala. 510; 1918 Ala. LEXIS 466
Anderson, McOlellan, Sayre, Gardner

Sharpe v. Hughes

Opinion of the Court

PER CURIAM.

[1-3] All questions sought to be raised by this appeal are such as can he considered only when shown by a bill of exceptions or in connection with a bill of exceptions showing the evidence or the tendencies of the evidence adduced at the trial. The record in this cause contains what purports to be a bill of exceptions, but it is not authenticated by the signature of the judge presiding at the trial, as the statute requires (Code, § 3018), nor does it appear to have been presented within the time prescribed by law (Code, § 3019). In these circumstances, of which the court takes notice ex mero, the so-called bill of exceptions cannot be considered for any purpose. Box v. Southern Railway Co., 184 Ala. 598, 64 South. 69; Edinburg-American L. M. Co. v. Canterbury, 169 Ala. 444, 53 South. 823; Rainey v. Ridgeway, 151 Ala. 532, 43 South. 843. It results that the judgment must be affirmed.

Affirmed.

ANDERSON, O. J., and McOLELLAN, SAYRE, and GARDNER, JJ., concur.

Reference

Full Case Name
SHARPE v. HUGHES Et Al.
Cited By
2 cases
Status
Published