113 So. 472 | Ala. Ct. App. | 1927
We have carefully considered the motion and the evidence offered, together with the certificate of the trial judge, and bearing in mind that to entitle the appellant to establish a bill of exceptions, under Code 1923, § 6435, this court must believe that the trial judge, who refused to sign the bill as presented, was guilty of a "high misdemeanor in office," we are unanimously of the opinion that the appellant's motion to establish the bill of exceptions should be denied.
The Presiding Judge and SAMFORD, J., are of the opinion that the appellant has not within the time prescribed presented to the trial judge a true and correct bill of exceptions with the point of decision and facts truly stated, as is required by statute. Fries v. White Lead Color Works,