Doe Ex Dem. Windsor Realty Co. v. Finnegan

The assignments of error are rested upon the refusal to grant the motion for a new trial by the Windsor Realty Company. This is the third appeal by that company. 202 Ala. 17, 79 So. 355; 210 Ala. 314, 97 So. 822.

In Godfrey v. Vinson (Ala. Sup.) 110 So. 13, 1 under Code of 1923, § 6434, held that bill of exceptions will not be stricken or disregarded by court ex mero motu because not presented or signed within the time prescribed by law, but only on motion to strike duly made and submitted with the cause.

Appellant’s counsel state that the sole assignment of error is the refusal of the court to…