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211 Ala. 615

101 So 630

Ex Parte Rials

Supreme Court of Alabama

Decided October 6, 1924

Supreme Court of Alabama · decided 1924-10-06

Relies on Akin v. Chancy Bros. Hardware & Furniture Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1924-10-06

How this case has been cited

Cited by 4 later decisions — most recently May 1941

4 state decisions

20192419301940decided

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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*616 SOMERVILLE, J.

¶1 The petitioner seeks to review a ruling o£ the Court of Appeals refusing to review the action of the trial court in overruling petitioner’s motion for a new trial

¶2 The motion in question, the decision of the trial court thereon, and the exception of the defendant thereto, appear in the minute entry incorporated in the record proper. The bill of exceptions fails to show that any exception was taken to the action of the trial court, and this omission is fatal to the right to review. Akin v. Chancy Bros., 207 Ala. 523, 93 So. 408, and cases therein cited.

¶3 The Court of Appeals did not err in denying the review sought, and the petition for the writ of certiorari will be denied.

¶4 Writ denied.

ANDERSON, C. J., and THOMAS and BOULDIN, JJ., concur.
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