Browning v. Lockett

Alabama Court of Appeals

Browning v. Lockett

129 So. 295, 23 Ala. App. 548, 1930 Ala. App. LEXIS 155

CourtAlabama Court of Appeals

DecidedJune 17, 1930

Docket5 Div. 812.

StatusPublished

Cited by2 cases

This text of 129 So. 295 (Browning v. Lockett) 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

Browning v. Lockett, 129 So. 295, 23 Ala. App. 548, 1930 Ala. App. LEXIS 155 (Ala. Ct. App. 1930).

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Opinion

PER CURIAM.

To entitle appellant to the relief he seeks by this motion it must be made to appear that within the time allowed by law he presented to the judge presiding at the trifii a bill of exceptions stating the points of decision and the facts which must be truly stated. That means, of course, that the points and facts must be stated as they occurred on the trial in every substantial particular. In this case we find that this has not been done, and section 6435 of the Code of 1923, under which this motion is filed, being highly penal, we must hold the appellant to the letter of the statute. Particular attention is directed to the following authorities; Eason v. State, 22 Ala. App. 424, 116 So. 409: Finney v. Sullivan, 22 Ala. App. 130, 113 So. 472; Sovereign Camp W. O. W. v. Ward, 200 Ala. 19, 75 So. 331; Fries v. Acme W. L. & C. Works, 18 Ala. App. 80, 89 So. 842.

The motion is overruled.

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PER CURIAM.

To entitle appellant to the relief he seeks by this motion it must be made to appear that within the time allowed by law he presented to the judge presiding at the trifii a bill of exceptions stating the points of decision and the facts which must be truly stated. That means, of course, that the points and facts must be stated as they occurred on the trial in every substantial particular. In this case we find that this has not been done, and section 6435 of the Code of 1923, under which this motion is filed, being highly penal, we must hold the appellant to the letter of the statute. Particular attention is directed to the following authorities; Eason v. State, 22 Ala. App. 424, 116 So. 409: Finney v. Sullivan, 22 Ala. App. 130, 113 So. 472; Sovereign Camp W. O. W. v. Ward, 200 Ala. 19, 75 So. 331; Fries v. Acme W. L. & C. Works, 18 Ala. App. 80, 89 So. 842.

The motion is overruled.

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Bluebook (online)

129 So. 295, 23 Ala. App. 548, 1930 Ala. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/browning-v-lockett-alactapp-1930.

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