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Ex Parte Rials

Supreme Court of Alabama
Oct 6, 1924
101 So. 630 (Ala. 1924)

Opinion

4 Div. 172.

October 6, 1924.

E. C. Boswell, of Geneva, for petitioners.

If the record proper shows motion for new trial, the ruling thereon, and exception noted, the motion need not be set out in the bill of exceptions. Cox v. State, 19 Ala. App. 205, 96 So. 83.

Harwell G. Davis, Atty. Gen., opposed.

Brief of counsel did not reach the Reporter.


The petitioner seeks to review a ruling of the Court of Appeals refusing to review the action of the trial court in overruling petitioner's motion for a new trial

The motion in question, the decision of the trial court thereon, and the exception of the defendant thereto, appear in the minute entry incorporated in the record proper. The bill of exceptions fails to show that any exception was taken to the action of the trial court, and this omission is fatal to the right to review. Akin v. Chancy Bros., 207 Ala. 523, 93 So. 408, and cases therein cited.

The Court of Appeals did not err in denying the review sought, and the petition for the writ of certiorari will be denied.

Writ denied.

ANDERSON, C. J., and THOMAS and BOULDIN, JJ., concur.


Summaries of

Ex Parte Rials

Supreme Court of Alabama
Oct 6, 1924
101 So. 630 (Ala. 1924)
Case details for

Ex Parte Rials

Case Details

Full title:Ex parte RIALS et al. RIALS et al. v. STATE

Court:Supreme Court of Alabama

Date published: Oct 6, 1924

Citations

101 So. 630 (Ala. 1924)
101 So. 630

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