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82 Ala. 429

Efurd v. Loeb & Brother

Supreme Court of Alabama

Decided December 15, 1886

Supreme Court of Alabama · decided 1886-12-15

Tried before the Hon. J. M. Carmichael. Tbe entire transcript in this case is made out in the form of a bill of exceptions, commencing this : “ The State of Alabama, Barbour county; Circuit Court, Spring Term, 1887.

Relies on Petty v. Dill · Smith v. State · Tyree v. Parham's

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-15

How this case has been cited

Cited by 5 later decisions — most recently November 1893

5 state decisions

2018861890decided

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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STONE, C. J.

¶1— There is nothing in the present record to enable us to determine what is, and what .is not, the bill exceptions. , It either embraces the whole transcript, or it embraces nothing. It is in substantially the same, condition as was- the transcript in the case of Weems v. Weems, 69 Ala. 104. We said in that case, that- we could not regard it as a bill of exceptions.

¶2If we were to '.treat the whole transcript as a bill of exceptions, it could not help the appellant. It contains what purports to be a copy of the judgment-entry, and no' allusion is made in it to the ruling on the demurrers. The only assignments of error relate to the rulings on demurrer; and as they appear only in what we suppose is intended as a bill of exceptions, and do not appear in any judgment-entry of the court, we can not consider them. Judgments on demurrers need no exception, and are not raised by exception. — Rolater v. Rolater, 52 Ala. 111; Petty v. Dill, 53 Ala. 641; Tyree v. Parham, 66 Ala. 424; Smith v. State, 68 Ala. 424; Buckley v. Wilson, 56 Ala. 393; 3 Brick. Dig. 78, § 7.

¶3The foregoing principles show fhat in fact no question is raised for our consideration. — Parker v. Roswald, 78 Ala. 526.

¶4Affirmed.

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