Southern Life Health Ins. Co. v. Williams

Full title: SOUTHERN LIFE HEALTH INS. CO. v. WILLIAMS

Court: Court of Appeals of Alabama

Date published: Mar 7, 1933

146 So. 624 (Ala. Crim. App. 1933)

146 So. 624

Opinion

2 Div. 514.

February 14, 1933. Rehearing Denied March 7, 1933.

Appeal from Circuit Court, Dallas County; John Miller, Judge.

Action on a policy of health and accident insurance by Kittie Williams against the Southern Life Health Insurance Company. From a judgment for plaintiff, defendant appeals.

Affirmed.

S. F. Hobbs, of Selma, for appellant.

While, whenever a knowledge of what the evidence was is necessary for the appellate court to pass intelligently upon the rulings of the trial court assigned as error, in the absence of a bill of exceptions, such rulings cannot be reviewed. Battle v. Wright, 217 Ala. 354, 116 So. 349; Macertney v. Gwin, 218 Ala. 529, 119 So. 238. Yet, when the record itself affirmatively shows that no matter what the evidence was the court erroneously gave or refused written charges duly requested, so that a knowledge of what the evidence was is not necessary to enable the appellate court intelligently to pass upon the assignments of error, such rulings may be reviewed without a bill of exceptions. Code 1923, §§ 9509, 6430.

Arthur M. Pitts, of Selma, for appellee.

There being no bill of exceptions, the court's refusal or giving of requested charges cannot be reviewed. Battle v. Wright, 217 Ala. 354, 116 So. 349; Macertney v. Gwin, 218 Ala. 529, 119 So. 238.

SAMFORD, Judge.

The appeal in this case is on the record, which discloses the pleadings, written charges given and refused, the oral charge of the court, and the verdict and judgment, but no bill of exceptions.

The giving of certain written charges for plaintiff and the refusal to give at the request of defendant certain other charges are here assigned as error.

Under the rule laid down by the Supreme Court we cannot on this appeal consider these charges. Bell v. Burns, 206 Ala. 465, 90 So. 491; Levert v. State, 220 Ala. 425, 125 So. 664; Macertney v. Gwin, 218 Ala. 529, 119 So. 238; Alabama and Southern Digest, Appeal and Error, 544 and Criminal Law, 1090(14).

There being no questions presented by the record that may be considered, the judgment is affirmed.

Affirmed.