Lucas v. Mays
Alabama Court of Appeals
Appeal from Randolph Circuit Court. Heard, before Hon. S. L. Brewer. Action by Angeliue Mays and another against Nixon Lucas for trespass. Judgment for plaintiff and defendant appeals. The bill of exceptions should he stricken for the reasons stated in the motion. —Hester v. Cantrell, 53 South. 1099; Rule 32, S. C. Pr.
1Opinion of the CourtPelham, J.
Appellees’ motion to strike the bill of exceptions in this case is well taken. Under rule 33 (Code 1907, p. 1526), the paper incorporated in the record, purporting to be a bill of exceptions, is disallowed and stricken from the record. The paper expressly purports on' its face to be “Stenographic Report of Trial,” and contains nothing else, other than a report of the trial in the usual stenographic form, and, failing to conform to' the rule, does not constitute a proper record. Hester et al. v. Cantrell, 169 Ala. 490, 53 South. 1009; Gassenheimer & Co. v. Marietta Co., 127 Ala. 183, 28 South.…
2Cases cited4 opinions
- Gassenheimer Paper Co. v. Marietta Paper Manufacturing Co.Supreme Court of Alabama · 1899
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1900
- Hester v. CantrellSupreme Court of Alabama · 1910
- Southern Railway Co. v. JacksonSupreme Court of Alabama · 1901
3Cited by7 opinions
- Turner v. ThorntonSupreme Court of Alabama · 1915
- Irby v. KaiglerAlabama Court of Appeals · 1912
- J. H. Arnold & Co. v. Pinckard & LayAlabama Court of Appeals · 1918
- Clancy v. TaylorAlabama Court of Appeals · 1915
- Britt v. WoolfAlabama Court of Appeals · 1929
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