Miller v. Whittington
Supreme Court of Alabama
Appeal from Prohate Court, Barbour County; Bob T. Roberts, Judge. Olin Whittington propounded for probate the alleged will of T. N. Whittington, and Savannah Miller, and other I^eirs filed a contest. From a decree admitting the will to probate, the contestants appeal.
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Appeal from Prohate Court, Barbour County; Bob T. Roberts, Judge. Olin Whittington propounded for probate the alleged will of T. N. Whittington, and Savannah Miller, and other I^eirs filed a contest. From a decree admitting the will to probate, the contestants appeal. The judgment or decree was rendered on March 18, 1919, and the record shows that the hill of exceptions was not presented to the tridl judge until June 19, 1919. The judge makes this certificate: I certify that the above bill of exceptions was tendered and presented and filed with me and accepted by me this June 19, 1919. B. T.…
1Opinion of the CourtBrown, J.
[1, 2] The bill of exceptions, as appears on its face, was not presented to the trial judge within 90 days from the date the decree appealed from was entered, as is required by section 2863 of the Code of 1907, nor does the bill appear to have been signed by the judge as an act of approval. The only signature of the judge appears to be as certifying that he “accepted” the presentation which, however, was more than 90 days after the judgment purports to have been entered. The presentation of the hill of exceptions within the time specified in the statute is a jurisdictional requisite to the…
2Cited by3 opinions
- Beatty v. McMillanSupreme Court of Alabama · 1933
- Ettore v. StateSupreme Court of Alabama · 1925
- Harris v. WhittingtonSupreme Court of Alabama · 1922