Chambers v. Maxwell

• Court: Supreme Court of Alabama
• Citation: 107 So. 806,214 Ala. 284
• Docket Number: 6 Div. 623
• Parties: CHAMBERS et al. v. MAXWELL.
• Decision Date: 18 March 1926

107 So. 806

214 Ala. 284

CHAMBERS et al. v. MAXWELL.

6 Div. 623

Supreme Court of Alabama

March 18, 1926

Appeal from Circuit Court, Jefferson County; Romaine Boyd, Judge.

Action by B.L. Maxwell against W.H. Chambers and another. From a judgment for plaintiff, defendants appeal. Affirmed.

J.S. McLendon, of Birmingham, for appellants.

James G. Adams, Jr., of Miami, Fla., and J.B. Ivey, of Birmingham, for appellee.

GARDNER, J.

The only assignment of error here presented relates to the action of the court in overruling defendants' motion for a new trial. The appeal is upon the record; there being no bill of exceptions. Under our previous decisions, that an exception was reserved to such action of the trial court must appear by bill of exceptions, or otherwise the same is not available to appellant. Ex parte Rials, 101 So. 630, 211 Ala. 615; Grand Bay Land Co. v. Simpson, 81 So. 548, 202 Ala. 606; Powell v. Folmar, 78 So. 47, 201 Ala. 271; Akin v. Chancy Bros., 93 So. 408, 207 Ala. 523.

Let the judgment be affirmed.

Affirmed.

ANDERSON, C.J., and SAYRE and MILLER, JJ., concur.