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208 Ala. 11

93 So 416

Garner v. Thach

Supreme Court of Alabama

Decided June 8, 1922

Supreme Court of Alabama · decided 1922-06-08

Good law ✅— No negative treatment on recordhow we know

Decided 1922-06-08

How this case has been cited

Cited by 38 later decisions — most recently February 2005 · most notably McDonald v. McDonald (1924), First National Bank of DeWitt v. Cruthis (2005)

3 federal appellate · 34 state decisions

100192219301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*12 THOMAS, J.

¶1 The cause is submitted on briefs, motion, and merits. The judgment was rendered November 4, 1921. The appeal was taken December 7th thereafter, within the time prescribed by statute. The bill of exceptions was presented to the judge presiding at the trial on February 6, 1922, and signed by him on March 4th thereafter. There was no motion for a new trial. The bill of exceptions, stricken on appellee’s motion, will not be looked to to review the action and rulings of the court on the trial, and its presentation as required by statute is jurisdictional. Liverpool, etc., Ins. Co. v. Lowe, post, p. 12, 93 South. 765.

¶2 The judgment rendered by the trial court was the only assignment of error. Without the bill of exceptions, that action of the trial court cannot be reviewed.

¶3 Affirmed.

ANDERSON, C. J., and MeCLELLAN and SOMERVILLE, JJ„ concur.
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