Jones v. Adkins

• Decision Date: 09 May 1907
• Parties: JONES v. ADKINS ET AL.
• Court: Alabama Supreme Court

44 So. 53

151 Ala. 316

JONES v. ADKINS ET AL.

Supreme Court of Alabama

May 9, 1907

Appeal from Circuit Court, Walker County; A. H. Alston, Judge.

Action by S. V. Jones, as administrator, etc., against C. R. Adkins and others. From a judgment for defendants, plaintiff appeals. Affirmed.

J. D. Acuff and Sherer & Cooner, for appellant.

Bankhead & Bankhead and Lacy & Lacy, for appellees.

DOWDELL, J.

There are four assignments of error on the record. The first assignment is as follows: "The court erred in its rulings on the evidence." This assignment is general, and will not, therefore, be considered. The office of an assignment of error is to specifically point out the error complained of. The second assignment of error is likewise general, and subject to the same condemnation as the first.

The cause was tried on issue joined on the defendant's second plea, and on this single issue was without objection submitted to the jury. The second plea was as follows: "For further answer the defendants say that plaintiff has not been duly appointed as administrator of the estate of Ben Jones, deceased." The plaintiff took issue on this plea, and, this being the only issue, the court did not err in "restricting the evidence to this issue." This disposes of the third assignment of error.

The action of the trial court in the giving and refusal of charges requested in writing will not be reviewed on appeal, unless such charge or charges are set out in the bill of exceptions, and consequently the fourth and last assignment of error is not well founded. Dannelley v. State, 130 Ala. 134, 30 So. 452; Lunsford v. Bailey, 142 Ala. 319, 38 So. 362.

We find no reversible error in the record, and the judgment appealed from will be affirmed.

Affirmed.

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