Melton v. Z. J. Fort Produce Co.

Alabama Court of Appeals

Melton v. Z. J. Fort Produce Co.

77 So. 979, 16 Ala. App. 367, 1918 Ala. App. LEXIS 46

CourtAlabama Court of Appeals

DecidedJanuary 15, 1918

Docket6 Div. 477.

StatusPublished

This text of 77 So. 979 (Melton v. Z. J. Fort Produce Co.) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Melton v. Z. J. Fort Produce Co., 77 So. 979, 16 Ala. App. 367, 1918 Ala. App. LEXIS 46 (Ala. Ct. App. 1918).

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Opinion

BRICKEN, J.

This cause is submitted on motion to strike the bill of exceptions and upon its merits. The motion to strike the hill of exceptions is based upon the grounds that it was not presented to the trial judge within 00 days, as required by law. Code 1007, § 3019. This motion seems to be well taken, and therefore must be granted, as it affirmatively appears that the bill of exceptions was not presented within 90 days from the day on which the judgment was entered. As shown by the record, the judgment in this case was entered on the 28th day of February, 1917, and the bill of exceptions was presented May 31, 1917. Excluding the first day and including the last day, as the law requires, it is shown that 92 days had elapsed, and for this reason the bill of exceptions is stricken. Rice v. Beavers & Co., 196 Ala. 355, 71 South. 659.

The record proper discloses no error of a reversible nature, and therefore the judgment of the lower court is affirmed.

Affirmed.

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BRICKEN, J.

This cause is submitted on motion to strike the bill of exceptions and upon its merits. The motion to strike the hill of exceptions is based upon the grounds that it was not presented to the trial judge within 00 days, as required by law. Code 1007, § 3019. This motion seems to be well taken, and therefore must be granted, as it affirmatively appears that the bill of exceptions was not presented within 90 days from the day on which the judgment was entered. As shown by the record, the judgment in this case was entered on the 28th day of February, 1917, and the bill of exceptions was presented May 31, 1917. Excluding the first day and including the last day, as the law requires, it is shown that 92 days had elapsed, and for this reason the bill of exceptions is stricken. Rice v. Beavers & Co., 196 Ala. 355, 71 South. 659.

The record proper discloses no error of a reversible nature, and therefore the judgment of the lower court is affirmed.

Affirmed.

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Bluebook (online)

77 So. 979, 16 Ala. App. 367, 1918 Ala. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melton-v-z-j-fort-produce-co-alactapp-1918.

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