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Chambers v. Maxwell

Supreme Court of Alabama
Mar 18, 1926
107 So. 806 (Ala. 1926)

Opinion

6 Div. 623.

March 18, 1926.

Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge.

J. S. McLendon, of Birmingham, for appellants.

Counsel argues the question raised, but without citing authorities.

James G. Adams, Jr., of Miami, Fla., and J. B. Ivey, of Birmingham, for appellee.

In the absence of bill of exceptions, the judgment on motion for new trial will not be considered on appeal. Abrams v. State, 84 So. 785, 17 Ala. App. 328; Crawley v. State, 79 So. 804, 16 Ala. App. 545; Everett v. State (Ala.App.) 106 So. 680.


The only assignment of error here presented relates to the action of the court in overruling defendants' motion for a new trial. The appeal is upon the record; there being no bill of exceptions. Under our previous decisions, that an exception was reserved to such action of the trial court must appear by bill of exceptions, or otherwise the same is not available to appellant. Ex parte Rials, 101 So. 630, 211 Ala. 615; Grand Bay Land Co. v. Simpson, 81 So. 548, 202 Ala. 606; Powell v. Folmar, 78 So. 47, 201 Ala. 271; Akin v. Chancy Bros., 93 So. 408, 207 Ala. 523.

Let the judgment be affirmed.

Affirmed.

ANDERSON, C. J., and SAYRE and MILLER, JJ., concur.


Summaries of

Chambers v. Maxwell

Supreme Court of Alabama
Mar 18, 1926
107 So. 806 (Ala. 1926)
Case details for

Chambers v. Maxwell

Case Details

Full title:CHAMBERS et al. v. MAXWELL

Court:Supreme Court of Alabama

Date published: Mar 18, 1926

Citations

107 So. 806 (Ala. 1926)
107 So. 806

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