15 Ala. App. 434
73 So 756
Decided December 19, 1916
Alabama Court of Appeals · decided 1916-12-19
<p>Assumpsit.</p> <p>1. Bill of Exceptions; Presentation; Time. — The presentation to the trial judge of the bill of exceptions within 90 days from the date of the judgment is jurisdictional, and an instrument presented after the lapse of that time is not a bill of exceptions, although signed by the trial judge.</p> <p>2. Same; Striking. — The provisions of § 3020, Code 1907,» has application to the unseasonable signing by the judge of the bill of exceptions, and not the unseasonable presentation of the bill to him.</p>
Cited by 7 later decisions — most recently April 1924
7 state decisions
Key passage — most relied on by later courts
““Under the authorities, the limitation of 90 days for the presentation of a bill of exceptions is jurisdictional, and an instrument signed by the trial judge, but not presented within the required time, is no bill of exceptions.””
quoted by 1 later decision, including 17 Ala. App. 418 - Boss Livery Co. v. Bailey
Relies on Edinburgh-American Land Mortgage Co. v. Canterbury · Box v. Southern Railway Co. · Harper v. State
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1916-12-19
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¶1 The transcript in this appeal shows that the judgment below was obtained op December 6, 191.5, and the bill *435 of exceptions was presented to the trial judge on March 8, 1916 —93 days after the entry of judgment,
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¶4 In the absence of a bill of exceptions, there is no question presented for our review. The judgment must be affirmed.
¶5 Affirmed.