SHARPE v. HUGHES, 202 Ala. 510 (1918)

80 So. 798

SHARPE v. HUGHES et al.

6 Div. 715.Supreme Court of Alabama.
December 19, 1918. Rehearing Denied February 13, 1919.

Appeal from Probate Court, Jefferson County; J. P. Stiles, Judge.

Thompson, Greene Thompson and N. L. Steele, all of Birmingham, for appellant.

R. E. Smith and Clark Williams, both of Birmingham, for appellees.

PER CURIAM.

All questions sought to be raised by this appeal are such as can be considered only when shown by a bill of exceptions or in connection with a bill of exceptions showing the evidence or the tendencies of the evidence adduced at the trial. The record in this cause contains what purports to be a bill of exceptions, but it is not authenticated by the signature of the judge presiding at the trial, as the statute requires (Code, § 3018), nor does it appear to have been presented within the time prescribed by law (Code, § 3019). In these circumstances, of which the court takes notice ex mero, the so-called bill of exceptions cannot be considered for any purpose. Box v. Southern Railway Co., 184 Ala. 598, 64 So. 69; Edinburg-American L. M. Co. v. Canterbury, 169 Ala. 444, 53 So. 823; Rainey v. Ridgeway, 151 Ala. 532, 43 So. 843. It results that the judgment must be affirmed.

Affirmed.

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