Elder v. Ralls Sanitarium, Inc.

Motion is made to strike the bill of exceptions, based upon the ground it does not disclose a tender hy the party supposing himself to be aggrieved. Section 6432, Code of 1923. The concluding; paragraph containing the trial judge’s approval recited the tender of the bill of exceptions by “defendant” ; and movant insists this error is not self-corrective under the author ity of Mauney v. Electric Const. Co., 210 Ala. 554, 98 So. 874.

Under original consideration the court was of the opinion the Mauney Case was conclusive to such effect, but upon a reconsideration a contrary conclusion has been…