Conway v. Clark

55 So. 117, 171 Ala. 391, 1911 Ala. LEXIS 112

Opinion

SIMPSON, J.

In this case no judgment appears in the record proper, and according to repeated decisions of this court the recital of the judgment in the bill of exceptions cannot be considered. — Sivoly v. Scott et al., 56 Ala. 555, 557; Wright v. State, 136 Ala. 139, 145, 34 South. 233; Street et al. v. Frank, 136 Ala. 616, 33 South. 879; Thayer v. State, 138 Ala. 39, 48, 35 South. 406.

The appeal is dismissed.

McClellan, Mayfield, and Sayre, JJ., concur.