Wheeler v. Alabama National Bank of Montgomery

SIMPSON, Justice.

Appellant invokes the right to appeal under § 799 of Title 7, Code 1940, privileging a married woman to appeal under certain circumstances, without giving security for costs.

There is inserted in the record a statement of the evidence in lieu of a transcript, which is denominated “Bill of Exceptions.” There is a supporting affidavit by the appellant that she is unable to pay the court reporter for the preparation of a transcript. But under Title 7, § 827(2), the reporter is under no duty to prepare a transcript of the evidence unless he is assured payments in the amount…