Opinion

W. P. Brown & Sons Lumber Co. v. Snead

  • 31 Ala. App. 552
  • 20 So. 2d 118
Court
Alabama Court of Appeals
Filed
Aug 22, 1944
Status
Published
Author
Carr
On the bench
Carr
Cited by
3 cases
Authority
More cited than 73.2%

The opinion

CARR, Judge.

On October 10, 1942, appellee filed suit against appellant on common counts. The cause was tried in the circuit court on August 3, 1943, and resulted in a verdict in favor of appellee.

Motion for new trial was overruled October 12, 1943. On November 29, 1943, appellant filed appeal bond to this court. A bill of exceptions was presented December 18, 1943, and approved February 8, 1944.

The Legislature, by Act No. 461, General Acts, 1943, p. 423, effective September 1, 1943, Code 1940, Tit. 7,

§§

827 (1) to 827(6), abolished bills of exceptions in this State. This appeal having been taken after the effective date of said Act, we must ignore the bill of exceptions in this case. Peabody v. State, Ala.App., 18 So.2d 691

1

; Harlan v. State, ante, p. 478, 18 So.2d 744 ; Howell v. City of Fort Payne, ante, p. 512, 20 So.2d 878 .

Looking to the assignments of error we find nothing for our consideration in the absence of a transcription of the evidence. The case is, therefore, affirmed.

Affirmed.

1

Ante, p. 448.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.