From Casetext: Smarter Legal Research

Wrenn v. Baker

Court of Appeals of Alabama
Dec 19, 1916
73 So. 756 (Ala. Crim. App. 1916)

Opinion

Decided December 19, 1916.

APPEAL from Coosa. Circuit Court.

Heard before Hon. S.L. BREWER.

JOHN A. DARDEN, for appellant. RIDDLE BURT, for appellee.



Assumpsit by D.W. Baker against M.J. Wrenn. Judgment for plaintiff and defendant appeals. Affirmed.


The transcript in this appeal shows that the judgment below was obtained on December 6, 1915, and the bill of exceptions was presented to the trial judge on March 8, 1916 — 93 days after the entry of judgment.

(1) Under the authorities, the limitation of 90 days for the presentation of a bill of exceptions is jurisdictional, and an instrument signed by the trial judge, but not presented within the required time, is no bill of exceptions. — Box v. South. Ry. Co., 184 Ala. 598, 64 So. 69; Hartselle Co. v. Wilhite, 3 Ala. App. 612, 57 So. 129; Edinburgh-American Land Mortgage Co. v. Canterbury, 169 Ala. 444, 53 So. 823; Smith v. State, 166 Ala. 24, 52 So. 396; Harper v. State, 13 Ala. App. 47, 69 So. 302.

(2) Section 3020, Code 1907, forbidding appellate courts to strike a bill of exceptions mero motu, applies to the unseasonable signing by the judge, and not to the unseasonable presentation of the bill to him. — Box v. South. Ry. Co., supra; Harper's Case, supra; Hartselle Co. v. Wilhite, supra.

In the absence of a bill of exceptions, there is no question presented for our review. The judgment must be affirmed.

Affirmed.


Summaries of

Wrenn v. Baker

Court of Appeals of Alabama
Dec 19, 1916
73 So. 756 (Ala. Crim. App. 1916)
Case details for

Wrenn v. Baker

Case Details

Full title:Wrenn v. Baker. Assumpsit

Court:Court of Appeals of Alabama

Date published: Dec 19, 1916

Citations

73 So. 756 (Ala. Crim. App. 1916)
73 So. 756

Citing Cases

Wright v. McCullough

The bill of exceptions not showing on its face that it was presented within 90 days from the rendition of the…

Williams v. State

That is to say, the presentation of the bill of exceptions to the presiding judge within the time prescribed…