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218 Ala. 529

119 So 238

MacErtney v. Gwin

Supreme Court of Alabama

Decided December 20, 1928

Supreme Court of Alabama · decided 1928-12-20

Relies on Ettore v. State · Sanders v. State · Battle v. Wright

Good law ✅— No negative treatment on recordhow we know

Decided 1928-12-20

How this case has been cited

Cited by 14 later decisions — most recently May 1958

14 state decisions

1001928193019401950decided

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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FOSTER, J.

¶1 This case is submitted on motion to strike the bill of exceptions and on the. merits. The bill of exceptions *530 was presented March 4, 1927, and signed and approved on May 5, 1927. It was not signed' within 60 days after it was presented, neither did the last day fall on Sunday. The time must be computed by excluding the first day and including- the last; unless ■ the last is Sunday, when it must be excluded and the Monday following counted a-S the 'last day. The motion to strike the bill of exceptions must be granted. The only errors assigned relate to the action of the court on requested charges. In the absence of a hill of exceptions, such action cannot be reviewed. All the above questions have been fully considered and determined by this court. Battle v. Wright, 217 Ala. 354, 116 So. 349; Ettore v. State, 214 Ala. 99, 106 So. 508.

¶2 Affirmed.

ANDERSON, O. .1., and GARDNER and BOULDIN, JJ., concur.
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