Hester v. Cantrell

Decided December 1, 1910

Supreme Court of Alabama · decided 1910-12-01

Breach of Contract. Appeal from Randolph Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Cantrell against Mrs. I. M. Hester and others, for breach of contract. Judgment for plaintiff and defendants appeal. Counsel discuss the assignments of error raised upon the record as shown by the bill of exceptions, but in view of the decision it is not deemed necessary to set them out.

Cited by 8 later decisions — most recently April 1928

8 state decisions

Relies on Woodward Iron Co. v. Herndon · Gassenheimer Paper Co. v. Marietta Paper Manufacturing Co. · Southern Railway Co. v. Jackson

Good law ✅— No negative treatment on recordhow we know

Bill of exceptions stricken and the cause affirmed · Decided 1910-12-01

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McCLELLAN, J.

¶1The bill of exceptions expressly purports to he, as it is, nothing other than the steno*491graphic report of the trial below. It is, hence, constructed. in patent violation of rule 32 of circuit court practice (Civ. Code 1907, p. 1526). It will be stricken. —Gassenheimer & Co. v. Marietta Co., 127 Ala. 183, 28 South. 564; Sou. Ry. Co. v. Jackson, 133 Ala. 384, 31 South. 988; Woodward Iron Co. v. Herndon, 130 Ala. 364, 375, 376, 30 South. 370.

¶2There is no error assigned as upon the record proper, so the judgment is affirmed.

¶3Affirmed.

Dowdell, C. J., and Simpson and Mayfield, JJ., concur.