Southern Express Co. v. Black
Supreme Court of Alabama
Appeal from Criminal Court of Bullock. Tried before Hon. C. J. L. Cunningham. This cause was commenced in the circuit court, and transferred and tried in the criminal court, which was abolished by the legislature before the bill of exceptions was signed.
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Appeal from Criminal Court of Bullock. Tried before Hon. C. J. L. Cunningham. This cause was commenced in the circuit court, and transferred and tried in the criminal court, which was abolished by the legislature before the bill of exceptions was signed. A bill was agreed upon by counsel, and the judge certified that it was a fair statement of the facts and the rulings thereon, and that he would have signed the same as a bill of exceptions, had it been presented to him before his court was abolished.
1Opinion of the CourtBrickell, C. J.
The statute requires a bill of exceptions to be tendered by the party supposing himself aggrieved, stating the point, charge, opinion, or decision wherein the court is supposed to err, with such a statement of the facts as is necessary to make it intelligible; and, if correctly stated, it is the duty of the presiding judge to sign the same, which, thereby, becomes a part of the record. — R. C. § 2755. It is the signature of the presiding judge, authenticating the bill, which makes it a part of the record. Without such authentication, it is not and can not become matter of record.—Law v.…
2Cases cited6 opinions
- People v. TrimCalifornia Supreme Court · 1869
- Kerley v. VannSupreme Court of Alabama · 1875
- Law v. Jackson ex dem. LansingCourt for the Trial of Impeachments and Correction of Errors · 1826
- People v. FergusonCalifornia Supreme Court · 1867
- Floyd v. FountainSupreme Court of Alabama · 1850
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3Cited by6 opinions
- Pearce v. ClementsSupreme Court of Alabama · 1882
- Chapman v. Hartford Fire Ins. Co.Supreme Court of Alabama · 1925
- Clark v. McCrarySupreme Court of Alabama · 1885
- Grand United Order of Eagles, E. B. S. T. v. WorkmanSupreme Court of Alabama · 1928
- Paull v. PaullSupreme Court of Rhode Island · 1910
1 more not listed; retrieve them via the Exa API.