Sovereign Camp of Woodmen of the World v. Ward
Supreme Court of Alabama
Action by Nettie B. Ward against the Sovereign Camp of the Woodmen of the World. Judgment for plaintiff, arid defendant appeals. Alleging that the bill of exceptions in this case was prepared and presented to the judge of the Second judicial circuit within the time required by law, and that said judge has held said bill of exceptions without affixing his signature thereto, appellant moves the court to establish bill of exceptions under Acts 1915, p.
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Action by Nettie B. Ward against the Sovereign Camp of the Woodmen of the World. Judgment for plaintiff, arid defendant appeals. Alleging that the bill of exceptions in this case was prepared and presented to the judge of the Second judicial circuit within the time required by law, and that said judge has held said bill of exceptions without affixing his signature thereto, appellant moves the court to establish bill of exceptions under Acts 1915, p. S16, amending section 3022 of the Cride of 1907. Moh tion granted.
1Opinion of the CourtAnderson, C. J.
The court is of the opinion that the Act of 1915, p. 816, amends only section 3022 of the Code, and not section 3021, and that the method for establishing a bill of exceptions under said act is not exclusive. In other words, the purpose of the act was to authorize the approval of a bill of exceptions by a justice of this court only in cases where the judge who tried the case could not legally do so because of deáth, resignation, removal from office, or who, from sickness or absence from the state and county, is unable to accept a presentation of same, arid does not apply to cases where the…
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