Boss Livery Co. v. Bailey
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action hy S. S. Bailey against the Boss Livery Company for damages for failure to deliver goods. Judgment for defendant, and plaintiff appeals. Counsel discuss the assignments of error based upon tlie bill of exceptions, but in view of the opinion it is not deemed necessary to here set it out.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action hy S. S. Bailey against the Boss Livery Company for damages for failure to deliver goods. Judgment for defendant, and plaintiff appeals. Counsel discuss the assignments of error based upon tlie bill of exceptions, but in view of the opinion it is not deemed necessary to here set it out. The bill of exceptions nowhere purports to have been presented within' the time, and therefore should have been stripken. Section 3019, Code 1907.
1Opinion of the CourtBricken, P. J.
This cause is submitted here upon a motion to strike the bill of exceptions and on its merits. The grounds of the motion to strike is based upon the fact that the purported bill of exceptions does not bear the necessary indorsement that it was presented to the judge who tried the case within 90 days as required by law.
The cause was tried on May 5, 1919. The bill of exceptions bears no indorsement whatever of its “presentation” to the judge who tried the case, but does contain the indorsement that it was “signed” by the judge on October 23, 1919; and, so far as this court may know, the bill of…
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