Bridgman v. Doss

Alabama Court of Appeals

Bridgman v. Doss

64 So. 173, 9 Ala. App. 615, 1913 Ala. App. LEXIS 356

CourtAlabama Court of Appeals

DecidedDecember 18, 1913

StatusPublished

Cited by3 cases

This text of 64 So. 173 (Bridgman v. Doss) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bridgman v. Doss, 64 So. 173, 9 Ala. App. 615, 1913 Ala. App. LEXIS 356 (Ala. Ct. App. 1913).

Pincite

Opinion

WALKER, P; J. —

The only assignments of error made relate to the conclusion and judgment on the evidence of the trial court, sitting without a jury. These matters are not subject to review by this court, unless, presented for review by a bill of exceptions; and a bill of exceptions does not accomplish this result, unless it shows what the finding or conclusion and judgment of the trial court were. — Code, § 5361; Williams, Adm’r, v. Woodward Iron Co., 106 Ala. 254, 17 South. 517. The provision of the statute which dispenses with the necessity of reserving an exception to the finding of the trial court in order to present it for review does not affect the other requirement of the statute in reference to presenting by bill of exceptions the conclusion and judgment and judgment on the evidence which are sought to be reviewed. — Alosi v. Birmingham Waterworks Co., 1 Ala. App. 630, 55 South. 1029.

The bill of exceptions found in the record now before us sets out the evidence adduced on the trial, but fails to show that there was any conclusion reached or judgment given on that evidence. The result is that nothing which is subject to be reviewed here on appeal is assigned as error. It follows that the judgment must be affirmed.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

WALKER, P; J. —

The only assignments of error made relate to the conclusion and judgment on the evidence of the trial court, sitting without a jury. These matters are not subject to review by this court, unless, presented for review by a bill of exceptions; and a bill of exceptions does not accomplish this result, unless it shows what the finding or conclusion and judgment of the trial court were. — Code, § 5361; Williams, Adm’r, v. Woodward Iron Co., 106 Ala. 254, 17 South. 517. The provision of the statute which dispenses with the necessity of reserving an exception to the finding of the trial court in order to present it for review does not affect the other requirement of the statute in reference to presenting by bill of exceptions the conclusion and judgment and judgment on the evidence which are sought to be reviewed. — Alosi v. Birmingham Waterworks Co., 1 Ala. App. 630, 55 South. 1029.

The bill of exceptions found in the record now before us sets out the evidence adduced on the trial, but fails to show that there was any conclusion reached or judgment given on that evidence. The result is that nothing which is subject to be reviewed here on appeal is assigned as error. It follows that the judgment must be affirmed.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

64 So. 173, 9 Ala. App. 615, 1913 Ala. App. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgman-v-doss-alactapp-1913.

Opinion

Related

Cite This Page — Counsel Stack