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Garner v. Thach

GARNER Et Al. v. THACH

Garner v. Thach, 93 So. 416 (Ala. 1922)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
June 8, 1922
Docket
No. 7 Div. 276.
Judges
Anderson, MeCLELLAN, Somerville, Thomas
Citations
93 So. 416208 Ala. 111922 Ala. LEXIS 381

Opinion of the Court — Thomas

*12 THOMAS, J.

The cause is submitted on briefs, motion, and merits. The judgment was rendered November 4, 1921. The appeal was taken December 7th thereafter, within the time prescribed by statute. The bill of exceptions was presented to the judge presiding at the trial on February 6, 1922, and signed by him on March 4th thereafter. There was no motion for a new trial. The bill of exceptions, stricken on appellee’s motion, will not be looked to to review the action and rulings of the court on the trial, and its presentation as required by statute is jurisdictional. Liverpool, etc., Ins. Co. v. Lowe, post, p. 12, 93 South. 765 .

The judgment rendered by the trial court was the only assignment of error. Without the bill of exceptions, that action of the trial court cannot be reviewed.

Affirmed.

ANDERSON, C. J., and MeCLELLAN and SOMERVILLE, JJ„ concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11927: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Meade v. Meade98 So. 812 (Ala. 1924)
  2. Nash v. Rattray112 So. 835 (Ala. 1927)

Most recent

  1. Nash v. Rattray112 So. 835 (Ala. 1927)
  2. Meade v. Meade98 So. 812 (Ala. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Liverpool London Globe Ins. Co. v. Lowe, 93 So. 765 (Ala. 1922) 37

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