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2 Stew. 230

Lecatt v. Strang

Supreme Court of Alabama

Decided July 15, 1829

Supreme Court of Alabama · decided 1829-07-15

<p>A bill of exceptions signed by the Judge who presided below was present* ed; but the certified record containing one, which the Judge stated to be the true one,'none other can be received.</p>

Decided 1829-07-15

By JUDGE SAFFOLD.

¶1In this case a motion was made by the appellant’s counsel to have a bill of excep tions presented by him, containing the signature of the Honorable A. Crenshaw, received as a part of the record.

¶2On an inspection of the transcript of the record as certified by the clerk, another and different bill of exceptions appears to have been allowed on the trial by the same judge; and who now informs this Court that the bill of exceptions included in the transcript, is the only one allowed by him; and that the one now offered to the Court, was unadvisedly signed without having been read, and was never delivered, but was surreptitiously obtained from him.

¶3It is therefore the unanimous opinion of the Court that the motion be disallowed, and that the plaintiffs attorney can either assign errors on the exceptions as presented by the transcript, or disregard them.

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