West v. Givens
| Decision Date | 01 February 1945 |
| Docket Number | 7 Div. 798. |
| Citation | 246 Ala. 395,20 So.2d 710 |
| Parties | WEST v. GIVENS et al. |
| Court | Alabama Supreme Court |
Roy D. McCord, of Gadsden, for appellant.
Reed & Reed, of Centre, for appellees.
The assignments of error relate solely to the giving of two charges for defendants, and objections to certain features of the evidence. They cannot be considered in the absence of a compliance with the Act of July 12, 1943, effective September 1, 1943, General Acts 1943, page 423, Title 7, section 827(1) to 827(6), and Rule 48 of Supreme Court, Code 1940, Tit. 7 Appendix, 245 Ala. XXI. There is in the record what purports to be a transcript of the proceedings on the trial. But it is not certified by the court reporter, nor marked filed with the clerk. It is not authenticated in any manner whatsoever.
Affirmed.
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Thomas v. State, 6 Div. 177
...and is not the genuine signature of the court reporter, is without merit. Chapman v. State, 249 Ala. 30, 29 So.2d 286; West v. Givens, 246 Ala. 395, 20 So.2d 710. In the cases cited there was noncompliance with the rule and the statute by failure of the reporter to place his certificate on ......
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Bentley v. County Commission for Russell County
...of the court reporter, the appeal must be treated as on the record proper. Central of Georgia R. Co. v. Hinson, supra; West v. Givens, 246 Ala. 395, 20 So.2d 710. All facts found by the trial court will be taken as true and we can only consider the facts so found and those which are admitte......
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Central of Georgia Ry. Co. v. Hinson
...be treated as an appeal on the record. Act of September 12, 1951, sections 827(1) to 827(6), Title 7, Pocket Part Code; West v. Givens, 246 Ala. 395, 20 So.2d 710. The affidavit of the reporter attached to the answer of appellant to the motion to dismiss cannot serve as a compliance with th......