Grand Bay Land Co. v. Simpson

• Decision Date: 01 May 1919
• Docket Number: 1 Div. 89
• Citation: 202 Ala. 606,81 So. 548
• Parties: GRAND BAY LAND CO. v. SIMPSON.
• Court: Alabama Supreme Court

81 So. 548

202 Ala. 606

GRAND BAY LAND CO. v. SIMPSON.

1 Div. 89

Supreme Court of Alabama

May 1, 1919

Appeal from Circuit Court, Mobile County; Norville R. Leigh, Jr., Judge.

Action by the Grand Bay Land Company against J.M. Simpson. A judgment for plaintiff was set aside, and it appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Affirmed.

Harry T. Smith & Caffey, of Mobile, for appellant.

Gregory L. & H.H. Smith, of Mobile, for appellee.

PER CURIAM.

This is an appeal from the judgment of the circuit court setting aside a judgment which had been rendered for the plaintiff on the verdict of a jury in the case of Grand Bay Land Co. v. J.M. Simpson. Appellant's exception to the action of the court is shown by the judgment entry; it is not shown by the bill of exceptions. Under previous rulings of this court to the effect that a recital in the minute entry is not proper evidence on appeal that an exception was taken to the ruling of the court assigned for error, the court is unable to review the question which appellant has sought to raise. Evans v. Sou. Ry. Co., 133 Ala. 482, 32 So. 138; Dorough v. Harrington, 148 Ala. 312, 42 So. 557. From this situation the act of September 18, 1915 (Acts, p. 598) affords no relief for the reason pointed out in Powell v. Folmar, 78 So. 47.

Affirmed.

ANDERSON, C.J., and McCLELLAN, SAYRE, and GARDNER, JJ., concur.