Milner Coal & R. Co. v. Wiggins

Decision Date10 January 1905
PartiesMILNER COAL & RAILROAD CO. v. WIGGINS.
CourtAlabama Supreme Court

Appeal from City Court of Birmingham; William W. Wilkerson, Judge.

Action by Ed. Wiggins, pro ami, against the Milner Coal & Railroad Company. From a judgment for plaintiff, defendant appeals Affirmed.

Rudulph & Huddleston, for appellant.

Bowman, Harsh & Beddow, for appellee.

McCLELLAN, C.J.

One assignment of error is in the following words: "The court erred in giving each of the charges in writing requested by plaintiff and given by the court, and each of said charges are herewith assigned separately as error." Another is this: "The court erred in refusing each of the charges in writing requested by the defendant and refused by the court, and herewith assigns separately the refusal of each of said charges." Without considering whether these assignments of error would be sufficient to present the rulings of the court on these requests for instructions for review if these rulings were shown by the bill of exceptions, it will be sufficient to say in disposing of this part of the case that none of these charges, nor any rulings upon them, is shown by the bill of exceptions. The charges are all copied in this record, but not in or as a part of the bill of exceptions, and we therefore cannot review the court's rulings upon them. Nuckols v. State, 109 Ala. 2, 19 So. 504; Southern Ry. Co. v. Jones, 132 Ala. 437, 442-443, 31 So. 501.

So, too, in respect of defendant's motion for a new trial. Neither the motion, nor the court's action upon it, is shown by the bill of exceptions, and we therefore cannot review that action.

The exceptions reserved on the trial to rulings of the court on the admissibility of evidence are not insisted upon in the brief for appellant. Moreover, they seem to be without merit.

Affirmed.

TYSON, SIMPSON, and ANDERSON, JJ., concur.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT