Godden v. Le Grand
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tried before tbe Hon. Edmund W. Pettus. This action was commenced in October, 1851, and the trial was bad at the November term, 1854. The bill of exceptions purports to have been “ signed, sealed, and made a part of the record, in term time,” and is signed by the presiding judge; but his seal or scroll is not appended to his name.
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Appeal from tbe Circuit Court of Perry. Tried before tbe Hon. Edmund W. Pettus. This action was commenced in October, 1851, and the trial was bad at the November term, 1854. The bill of exceptions purports to have been “ signed, sealed, and made a part of the record, in term time,” and is signed by the presiding judge; but his seal or scroll is not appended to his name. Errors were assigned, and the cause was argued on its merits;' but it is unnecessary to notice any of the points made, except the motion to strike the bill of exceptions from the record. contended, 1st, that the case was…
1Opinion of the CourtGoldthwaite, C. J.
The action in this case was commenced before the Code went into effect, and the proceedings had in the cause in the primary court must be governed by the old law. — Code, § 12.
The taking of a bill of exceptions, being but another mode of spreading upon the record the decision of the court upon contested questions of law, is as much a proceeding in the cause, within the meaning of the 12th section of the Code, as a motion in arrest of judgment, or decision upon a demurrer; and the bill of exceptions, in causes commenced before the ■ Code, must conform to the old law.
The law before the Code…
2Cited by2 opinions
- Rolater v. RolaterSupreme Court of Alabama · 1875
- Moore v. AppletonSupreme Court of Alabama · 1859