Gay v. Stewart

On Rehearing.

THOMAS, Justice.

The motion to dismiss the appeal in the case was not a part of the record proper. It required a consideration of the evidence which, on the trial, was extended at great length. This could only be shown by a bill of exceptions.

In Dorrough v. Mackenson, 231 Ala. 431, 165 So. 575, 577, this court said:

“* * * an rulings on pleadings and other matters which are a part of the record proper need not so appear, nor need there be a bill of exceptions to review the ruling on them. * * *

“The motion to vacate the order of April 29, 1935, because of what it shows on its face…