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216 Ala. 263

113 So 229

Norrell v. Chilton County

Supreme Court of Alabama

Decided May 26, 1927

Supreme Court of Alabama · decided 1927-05-26

Cited by 2 later decisions — most recently November 1928

2 state decisions

Relies on Akin v. Chancy Bros. Hardware & Furniture Co. · Henly v. State · Newell Contracting Co. v. Glenn

Good law ✅— No negative treatment on recordhow we know

Decided 1927-05-26

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SOMERVILLE, J.

¶1 The appeal in this case is oh the record alone, without a bill of exceptions. It is stated in brief of counsel for appellant that the errors assigned and here insisted upon are “that the court erred in overruling appellant’s motion for a new trial.”

¶2 Under decisions many times repeated, we cannot review this action of the trial court in the absence of a bill of exceptions showing that an exception was duly reserved to the ruling. The mere.incorporation of an exeep *264 tion in the record proper is not sufficient. Akin v. Chancy Bros., etc., Co., 207 Ala. 523, 93 So. 408; Newell Contr. Co. v. Glenn, 214 Ala. 282, 107 So. 801.

¶3 As the record stands, we can only affirm the judgment.

¶4 Affirmed.

ANDERSON, C. J., and THOMAS and BRO'WN, JX, concur.
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