Pate v. Baker

Alabama Court of Appeals

Pate v. Baker

73 So. 125, 15 Ala. App. 234, 1916 Ala. App. LEXIS 173

DecidedNovember 28, 1916

StatusPublished

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Bluebook

Pate v. Baker, 73 So. 125, 15 Ala. App. 234, 1916 Ala. App. LEXIS 173 (Ala. Ct. App. 1916).

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Opinion

BROWN, J.

(1) The judgment in this case was rendered on the 6th day of December, 1915, and the indorsement of the *235 trial judge on the bill of exceptions shows that it was not presented until the 7th day of March, 1916, more than 90 days from the day on which the judgment was rendered, and cannot be looked to as a part of the record for the purpose of reviewing the trial court. — Box, et al. v. Southern Ry. Co., 184 Ala. 598, 64 South. 69; Harper v. State, 13 Ala. App. 47, 69 South. 302.

(2) The only matter assigned as error is the giving of the affirmative charge for appellee and the refusal of a like charge to appellant; and, as those are matters that cannot be reviewed in the absence of a bill of exceptions, the judgment must be affirmed.

Affirmed.

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BROWN, J.

(1) The judgment in this case was rendered on the 6th day of December, 1915, and the indorsement of the *235 trial judge on the bill of exceptions shows that it was not presented until the 7th day of March, 1916, more than 90 days from the day on which the judgment was rendered, and cannot be looked to as a part of the record for the purpose of reviewing the trial court. — Box, et al. v. Southern Ry. Co., 184 Ala. 598, 64 South. 69; Harper v. State, 13 Ala. App. 47, 69 South. 302.

(2) The only matter assigned as error is the giving of the affirmative charge for appellee and the refusal of a like charge to appellant; and, as those are matters that cannot be reviewed in the absence of a bill of exceptions, the judgment must be affirmed.

Affirmed.

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Bluebook (online)

73 So. 125, 15 Ala. App. 234, 1916 Ala. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pate-v-baker-alactapp-1916.

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