Dewrell v. Kearley

SIMPSON, Justice.

The decisive question is presented by the appellee’s motion to strike the stenographer’s transcript of the evidence.

This brings under review the present statute designed to abolish bills of exceptions, which is a complete rewrite of the original 1943 act and is Act No. 352, Acts of 1945, pp. 567 et seq., and codified in the supplement of the 1940 Code under Title 7, as § 827(1) — 827(7), inclusive.

This latter mentioned, 1945, act, in our opinion, is unworkable and for that reason we are remitted to no other alternative but to declare it void. The act allows ninety days after…