Rolater v. Rolater
Supreme Court of Alabama
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
- Ned v. StateSupreme Court of Alabama · 1838
- Bourne v. StateSupreme Court of Alabama · 1839
- Floyd v. FountainSupreme Court of Alabama · 1850
- Godden v. Le GrandSupreme Court of Alabama · 1856
- Moore v. AppletonSupreme Court of Alabama · 1859
3Cited by4 opinions
- Petty v. DillSupreme Court of Alabama · 1875
- Camp v. Marion CountySupreme Court of Alabama · 1890
- Efurd v. Loeb & BrotherSupreme Court of Alabama · 1886
- Ex parte MayfieldSupreme Court of Alabama · 1879