Beatty v. McMillan

THOMAS, Justice.

This ease was submitted on motion to strike the bill of exceptions for failure of presentation within the time allowed by the statute, and on the merits.

It is prescribed by statute that bills of exceptions may be presented to the judge or clerk at any time within ninety days from the day on which the judgment was entered, and not afterwards (Miller v. Whittington, 204 Ala. 207, 85 So. 394; Ex parte Hill, 205 Ala. 631, 89 So. 58), and the “presentation of the bill of exceptions within ninety days after the granting or refusing of a motion for a new trial shall be sufficient to…