Holifield v. State

Supreme Court of Alabama

Holifield v. State

44 So. 956, 153 Ala. 12, 1907 Ala. LEXIS 125

CourtSupreme Court of Alabama

DecidedNovember 21, 1907

StatusPublished

Cited by1 cases

This text of 44 So. 956 (Holifield v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holifield v. State, 44 So. 956, 153 Ala. 12, 1907 Ala. LEXIS 125 (Ala. 1907).

Pincite

Opinion

SIMPSON, J.

—Tbe defendant was convicted in May, 1907, and on tbe 18tb of May, 1907, was sentenced, and granted 60 days witbin wbicb to file a bill of exceptions. On July 11,1907, counsel signed an agreement to extend tlie time for signing tbe bill of exceptions 60 days. According to tbe statute, tbe term of tbe city court of Talladega begins on tbe first Monday in September and ends on the last day of June of each year. Acts 1894-95, [13]*13p. 1220. Tbe agreement could not extend tbe time for taking tbe bill of exceptions beyond tbe commencement of tbe next succeeding term of tbe court, and, as tbe bill of exceptions in this case was not “tendered and approved” until September 9, 1907, it cannot be considered. Kule of Practice 30, p. 1200, and section 4812, Code 1896; Abercrombie & Williams v. Vandiver, 140 Ala. 228, 37 South. 296, and numerous other cases on this subject.

There being no error apparent on.the record, tbe judgment of tbe court is affirmed

Tyson, C. J., and Dowdell and Denson, JJ., concur.

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

SIMPSON, J.

—Tbe defendant was convicted in May, 1907, and on tbe 18tb of May, 1907, was sentenced, and granted 60 days witbin wbicb to file a bill of exceptions. On July 11,1907, counsel signed an agreement to extend tlie time for signing tbe bill of exceptions 60 days. According to tbe statute, tbe term of tbe city court of Talladega begins on tbe first Monday in September and ends on the last day of June of each year. Acts 1894-95, [13]*13p. 1220. Tbe agreement could not extend tbe time for taking tbe bill of exceptions beyond tbe commencement of tbe next succeeding term of tbe court, and, as tbe bill of exceptions in this case was not “tendered and approved” until September 9, 1907, it cannot be considered. Kule of Practice 30, p. 1200, and section 4812, Code 1896; Abercrombie & Williams v. Vandiver, 140 Ala. 228, 37 South. 296, and numerous other cases on this subject.

There being no error apparent on.the record, tbe judgment of tbe court is affirmed

Tyson, C. J., and Dowdell and Denson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

44 So. 956, 153 Ala. 12, 1907 Ala. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holifield-v-state-ala-1907.

Opinion

Related

Cite This Page — Counsel Stack