Brannan v. Sherry
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Assumpsit by P. T. Brannan against Janie Sherry, as executrix of the estate of John Sherry, deceased. Judgment for defendant, and plaintiff appeals.
1Opinion of the Court
THOMAS, j.
The cause is submitted on motion to strike the bill of exceptions, and on the merits.(1) The cause was tried on December 2, 1914. The bill of exceptions, signed by the presiding judge, bears date February 27, 1915, and is indorsed, “Filed September 7, 1915.” From an inspection of the certificate of appeal by the clerk of the circuit court, the latter date appears to have had reference to the filing of the bill of exceptions in his office. The appeal was taken to this court on September 20, 1915. Does it thus affirmatively appear from the record that the bill of exceptions was…
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