Buckner v. Graves

The submission was on motion to strike the bill of exceptions, and on merits.

It is claimed by movants that the bill of exceptions violated provisions of section 3018 of the Code of 1907, p. 231, and rule 32 (circuit court), p. 1526, of the Code of 1907, as amended in 175 Ala. xxi. Woodward Iron Co. v. Spencer, 194 Ala. 285, 69 South. 902.

The motion contains grounds to strike the bill of exceptions because charges (given and refused) are embraced therein which should and do appear in the record proper. This action of appellant, out of an abundance of caution, did not render the bill of…