Donahoo & Matthews v. Tarrant

• Decision Date: 16 April 1911
• Parties: DONAHOO & MATTHEWS v. TARRANT.
• Court: Alabama Court of Appeals

55 So. 270

1 Ala.App. 446

DONAHOO & MATTHEWS v. TARRANT.

Court of Appeals of Alabama

April 16, 1911

Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge.

Action by Mont Tarrant against Donahoo & Matthews. From a judgment for plaintiff, defendants appeal. Affirmed.

Blackwell & Agee, for appellants.

Lapsley & Arnold, for appellee.

PELHAM, J.

There is but one assignment of error disclosed by the record in this case, and that goes to a certain part of the oral charge of the trial court. It does not appear from the bill of exceptions that the exception was taken and reserved pending the trial, or before the jury retired. At the conclusion of the oral charge as set out in the bill of exceptions, the bill of exceptions contains the following statement: "And defendants excepted to that part of said oral charge as follows: [Setting out the part of the charge to which an exception was reserved]." But there is nothing preceding this statement, nor following it, in the bill of exceptions, from which it is made to appear whether this exception was taken and reserved pending the trial, or before the jury had retired to consider its verdict, and the exception is, therefore, not available for review by this court, and the case is affirmed. Moore v. State, 40 So. 345; ^[1] Reynolds v. State, 68 Ala. 502; City Council of Montgomery v. Gilmer, 33 Ala. 116, 70 Am. Dec. 562.

Affirmed.

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Notes:

^[1] Reported in full in the Southern Reporter; reported as a memorandum decision without opinion in 146 Ala. 687.

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