Foster v. Hightower

40 Ala. 295

Opinion

BYBD, J.

It does not appear that the defendant excepted to the charge of the court. The words at the conclusion, “ and this is signed and sealed as plaintiff’s.bill of exceptions,” are not equivalent to an exception, though we might infer that the word “plaintiff’s” is a clerical mistake for “ defendant’s.” On the authority of Milton v. Rowland, (11 Ala. 732,) Mahoney v. O’Leary, (34 Ala. 97,) and other cases decided by this court, the judgment of the court below is affirmed.