Cable-Burton Piano Co. v. Thomas

POSTER, Justice.

It is urged that the bill of exceptions does not show that the exception to a portion of the oral charge -which the Court of Appeals held to be erroneous was reserved before the jury retired. That opinion recites that the record shows that at the conclusion of the court’s oral charge counsel gave notice of the exception.

This court held in Central of Georgia R. Co. v. Courson, 186 Ala. 155, 65 So. 179, 180, that it would construe a bill of exceptions to mean that written charges .were requested before the jury retired, when the bill of exceptions recited that “the foregoing was…