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129 Ala. 269

Sterrett v. Davie

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

‘ Tried 'before the Hon. John Moore. This was an action brought by the appellant hgainst the appellee to recover damages for personal injuries. The appeal is prosecuted by the plaintiff from a judgment in favor of the defendant. The only rulings assigned as error were reserved in the 'bill of exceptions.

Cited by 1 later decisions — most recently November 1901

1 state decisions

Relies on Bryant v. State · Beal v. State · Powell v. Sturdevant

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

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SHARPE, J.

¶1'That which is set out in the transcript-as a bill of exceptions purports to have been signed as such after the time fixed by law for the adjournment of the term of court at which the case was tried, and the record contains neither an order of the court nor an agreement extending the time'for signing the bill. This court is not authorized to consider as a bill of exceptions a writing which does not affirmatively appear to have been authenticated in accordance with the statutes and rules of court as found in the Code.— § 615, et seq., Rule 30; Bryant v. State, 36 Ala. 270; Powell v. Sturdevant, 85 Ala. 243; Beal v. State, 99 Ala. 234; 1 Brick. Dig., 245.

¶2No matters being assigned as error except those which lack support for want of a proper bill of exceptions, the judgment must be affirmed. ' 1

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