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204 Ala. 404

85 So 411

Butler v. Howell

Supreme Court of Alabama

Decided February 12, 1920

Supreme Court of Alabama · decided 1920-02-12

<p>Exceptions, bill of &wkey;>55(l) — Appellant on refusal to sign bill may move to establish in Supreme Court.</p> <p>Whore presiding judge refused to sign the bill as presented and claimed to be correct by appellant, the proper course is for appellant tto move to establish his bill of exceptions in the Supreme Court.</p> <p>Sayre and Brown, JJ., dissenting.</p>

Relies on Gray v. State · Hughes v. Albertville Mercantile Co.

Affirmed · Decided 1920-02-12

BROWN, J.

¶1 The appellant by making motion in this court to establish his bill of ■exceptions pursued the proper course. Sovereign Camp W. O. W. v. Ward, 200 Ala. 19, 75 South. 331; Hughes v. Albertville Merc. Co., 173 Ala. 559, 56 South. 120.

¶2 The evidence offered in support of the motion has been considered by the court in ■banc, and the opinion prevails that preponderance of the evidence shows that the bill ■of exceptions as presented by the movant to .the presiding judge was not correct, and the motion is therefore denied.

¶3 The bill of exceptions as signed by the presiding judge, and as incorporated in this record, discloses no reversible error, and therefore it is not necessary to decide the question as to whether the appellant has the right to rely on the bill as signed after having his motion to establish denied, as the cause must be affirmed.

¶4 Affirmed.

ANDERSON, C. J., and SAYRE, SOMERVILLE, GARDNER, and THOMAS, JJ., concur.
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