129 Ala. 118
Decided November 15, 1900
Supreme Court of Alabama · decided 1900-11-15
Tried before the Hon. John Moore. The appellant in this -case was indicted for an assault with intent to murder, was convicted for an assault and battery with a weapon. After the judgment of conviction was pronounced there was a motion made to retax the costs. This motion -appears in the bill of exceptions, as well as in the record, hut there is in the bill of exceptions no exception reserved to the ruling of the court in overruling said motion.
Cited by 1 later decisions — most recently December 1940
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1900-11-15
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¶1The ruling by the court on -a motion to retax the costs is not subject to review on appeal unless properly presented by bill of exceptions. The bill of exceptions in this ease fails to show that any exception was reserved to the action of the court in overruling the motion, and, therefore, cannot be here assigned as error.
¶2This being the only question presented on this appeal, the judgment of the circuit court must he affirmed.