Thornton v. Tutt

LIVINGSTON, Chief Justice.

This is an appeal by respondents from a final decree for complainants rendered by the Circuit Court of Choctaw County, Alabama, in Equity.

Assignment of error No. 1 was not mentioned or argued by appellant and is therefore waived. Rule 9, Revised Rules of the Supreme Court, 279 Ala. XXIII.

Assignments of error numbered 2 through 6 relate only to errors alleged to have been made by the court reporter in taking down the testimony or in transcribing it, and not to an error by the court.

Only adverse rulings of the trial court are subject to assignments of error and…