Stabler v. Bryant

Decided November 15, 1899

Supreme Court of Alabama · decided 1899-11-15

Tried before the Hon. John Moore. The appellee, L. D. Bryant, brought an action of trover again the appellant, M. L. Stabler. On the trial of the cause in the circuit court, judgment was rendered in favor of the plaintiff. From this judgment the defendant appealed. The questions presented for review,on the present appeal arose from the ruling's of the trial court upon the evidence and the refusal of the court to give the charges requested by the defendant.

Cited by 1 later decisions — most recently November 1902

1 state decisions

Relies on Carter v. Long Bros. · Morningstar v. Sterne & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-15

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DOWDELL, J.

¶1As shown by the record the hill of exceptions was not signed in term time, and the record fails to disclose any order' of court allowing the hill to be signed in vacation; nor does there appear in the record any agreement of counsel to that. end. The motion, therefore, to strike the bill of exceptions must prevail. — Morningstar v. Sterne & Co., 124 Ala. 512; Carter et al v. Long Bros., 125 Ala. 280; Code, 1896, §§ 616, 617.

¶2As the assignments of error relate to matters, that can he presented here for review only by hill of exceptions, it necessarily follows that in the absence of a bill of exceptions properly presenting such matters such assignments of error cannot he considered, and the judgment of the court below must be affirmed.