Smith v. AA Wood & Son Company

Bell, Judge.

Our initial attention is directed to the motion first made in this court by the plaintiff in error to amend the bill of exceptions to show that the final judgment excepted to was rendered on August 11, 1960, rather than July 12, 1960. However, the motion itself conflicts with the record, which displays that the final judgment was rendered on August 12, 1960. Accordingly, we adjudge it unnecessary to pass upon this motion to amend the bill of exceptions, since the record before this court, if in conflict with the recitations in the bill of exceptions, will prevail. Upshaw v.…