Arnett v. Western Ry. of Alabama

Decision Date06 June 1905
Citation39 So. 775
CourtAlabama Supreme Court

Appeal from City Court of Montgomery; A. D. Sayre, Judge.

"Not officially reported."

Action between William T. Arnett and the Western Railway of Alabama. From a judgment for the latter, the former appeals. Affirmed.

Crum & Weil, for appellant.

George P. Harrison, for appellee.


The judgment for which the appeal is prosecuted was rendered on the 10th day of February, 1904. Under the act regulating the practice and procedure of the court trying the cause, the judgment became final 30 days after its rendition. It is also provided by that act that all bills of exceptions relating to the trial of civil causes must be signed by the presiding judge within 30 days after the day on which the issue or issues of fact to which the bill of exceptions relates was tried, unless the time for signing such bill of exceptions is extended by agreement of parties or their counsel, or by order of the presiding judge as now authorized by law respecting the signing of bills of exceptions in the circuit court. Acts 1900-01, pp. 830, 831. The paper in the record purporting to be a bill of exceptions was signed on April 15, 1904. The orders for the extension of time for its signing were made by the court, and not by the judge. Scott v. State (Ala.) 37 So. 366, is conclusive on the point that the authority to extend the time for the signing of the bill of exceptions is conferred upon the judge, and not upon the court, and that the paper is not a bill of exceptions, because not signed in conformity with the requirements of the statute.

The only assignment of error relates to matters which must be shown by a bill of exceptions. With no bill of exceptions in the record, the judgment must be affirmed.

McCLELLAN, C.J., and SIMPSON and ANDERSON, JJ., concur.

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