McOllister v. State

Supreme Court of Alabama

McOllister v. State

62 So. 767, 183 Ala. 8, 1913 Ala. LEXIS 509

CourtSupreme Court of Alabama

DecidedJune 12, 1913

StatusPublished

Cited by5 cases

This text of 62 So. 767 (McOllister 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.

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McOllister v. State, 62 So. 767, 183 Ala. 8, 1913 Ala. LEXIS 509 (Ala. 1913).

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Opinion

MAYFIELD, J.

— The bill of exceptions in this case must be stricken on motion of the Attorney General. [9]*9The time within which bills of exceptions must be presented to the trial court and signed by him is fixed by statute. — Code, § -3019. They are required to be presented within 90 days from the day on which judgment is entered. The true date of presenting is required to be evidenced by the trial judge and by his signing his name to such indorsement.

The judgment in this case was entered on October 19, 1912, and the indorsement of the trial judge shows that it was presented to him on January 18, 1913. It Avas therefore not presented Avithin the time prescribed by the statute and must be stricken on motion of the Attorney General, as is authorized by section 3020 of the Code. — Cassell’s Mill v. Strater Bros., 166 Ala. 274, 51 South. 969, and cases cited; Smith v. State, 166 Ala. 24, 52 South. 396; Edinburgh Co. v. Canterbury, 169 Ala. 444, 53 South. 823; Smith v. Smith, 173 Ala. 547, 55 South. 1009.

The record in this case has been carefully examined and searched for error as required by section 6264 et seq. of the Code, but no error has been found. Jt therefore results that the judgment of the lower court must be affirmed.

Affirmed.

Dowdell, C. J., and Anderson and de Graffenried, JJ., concur.

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MAYFIELD, J.

— The bill of exceptions in this case must be stricken on motion of the Attorney General. [9]*9The time within which bills of exceptions must be presented to the trial court and signed by him is fixed by statute. — Code, § -3019. They are required to be presented within 90 days from the day on which judgment is entered. The true date of presenting is required to be evidenced by the trial judge and by his signing his name to such indorsement.

The judgment in this case was entered on October 19, 1912, and the indorsement of the trial judge shows that it was presented to him on January 18, 1913. It Avas therefore not presented Avithin the time prescribed by the statute and must be stricken on motion of the Attorney General, as is authorized by section 3020 of the Code. — Cassell’s Mill v. Strater Bros., 166 Ala. 274, 51 South. 969, and cases cited; Smith v. State, 166 Ala. 24, 52 South. 396; Edinburgh Co. v. Canterbury, 169 Ala. 444, 53 South. 823; Smith v. Smith, 173 Ala. 547, 55 South. 1009.

The record in this case has been carefully examined and searched for error as required by section 6264 et seq. of the Code, but no error has been found. Jt therefore results that the judgment of the lower court must be affirmed.

Affirmed.

Dowdell, C. J., and Anderson and de Graffenried, JJ., concur.

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62 So. 767, 183 Ala. 8, 1913 Ala. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcollister-v-state-ala-1913.

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