Legal Opinion

Rolater v. Rolater

Supreme Court of Alabama

Decided January 15, 1875PublishedCited by 4 opinions

Appeal from Circuit Court of Cherokee. Tried before Hon. W. J. Harralson. The point decided sufficiently appears in the opinion.

1Opinion of the CourtBrickell, C. J.

Bills of exception,-in civil or criminal

cases, Avere unknown to the common law. They derive their existence from statutory provisions. Ned v. State, 7 Port. 187; Bourne v. State, 8 Port. 458. The appropriate office of a bill of exceptions is to introduce on the record rulings of the court which are not “intrinsic to the cause,” but arise incidentally in its progress; as the admission .or rejection of evidence, instructions to the jury given or refused. The ruling of the court on all questions relating to the sufficiency of pleading is of necessity a part of the record, as the pleading, with…

2Cases cited5 opinions

  1. Ned v. StateSupreme Court of Alabama · 1838
  2. Bourne v. StateSupreme Court of Alabama · 1839
  3. Floyd v. FountainSupreme Court of Alabama · 1850
  4. Godden v. Le GrandSupreme Court of Alabama · 1856
  5. Moore v. AppletonSupreme Court of Alabama · 1859

3Cited by4 opinions

  1. Petty v. DillSupreme Court of Alabama · 1875
  2. Camp v. Marion CountySupreme Court of Alabama · 1890
  3. Efurd v. Loeb & BrotherSupreme Court of Alabama · 1886
  4. Ex parte MayfieldSupreme Court of Alabama · 1879

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