MacErtney v. Gwin

119 So. 238, 218 Ala. 529, 1928 Ala. LEXIS 356

• Court: Supreme Court of Alabama
• Decided: December 20, 1928
• Docket: 6 Div. 57.
• Status: Published

Opinion

FOSTER, J.

This case is submitted on motion to strike the bill of exceptions and on the. merits. The bill of exceptions was presented March 4, 1927, and signed and approved on May 5, 1927. It was not signed' within 60 days after it was presented, neither did the last day fall on Sunday. The time must be computed by excluding the first day and including- the last; unless ■ the last is Sunday, when it must be excluded and the Monday following counted a-S the 'last day. The motion to strike the bill of exceptions must be granted. The only errors assigned relate to the action of the court on requested charges. In the absence of a hill of exceptions, such action cannot be reviewed. All the above questions have been fully considered and determined by this court. Battle v. Wright, 217 Ala. 354, 116 So. 349; Ettore v. State, 214 Ala. 99, 106 So. 508.

Affirmed.

ANDERSON, O. .1., and GARDNER and BOULDIN, JJ., concur.