Supreme Court of Alabama, 1918

Sharpe v. Hughes

Sharpe v. Hughes
Supreme Court of Alabama · Decided December 19, 1918 · Anderson, McOlellan, Sayre, Gardner
80 So. 798; 202 Ala. 510; 1918 Ala. LEXIS 466 (Southern Reporter)

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.

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