Alred v. Alred

The Court of Appeals propounded the following question: “The defendant in the court below sued out a bill of exceptions to the overruling of his motion for a new trial. The bill of exceptions recited that the defendant had been sued on an open account, and that the jury had returned a verdict in favor of the plaintiff, and against him, and that his motion for a new trial had been overruled, and to this judgment he excepted. Neither the verdict nor the judgment entered thereon was transmitted to this court, nor were they specified in the bill of exceptions as parts of the record to be so…