Kitchen v. Moye

In this case a motion is made to strike from the record the bill of exceptions which has been copied into it by the clerk of the court below'. The ground of the motion is, that it does not appear by any matter apparent on the record that it was given and signed in term time, and because it is not dated, as required by the statute of 20th Dec. 1844.

In Wood v. Brown, 8 Ala. Rep. 563, this court held that the statute ivas mandatory and imperative. The act makes-it urdawfid for the presiding judge to sign a bill of exceptions after the adjournment of the court, except the counsel consent in…