5 Div. 947. | Ala. | May 26, 1927
The appeal in this case is on the record alone, without a bill of exceptions. It is stated in brief of counsel for appellant that the errors assigned and here insisted upon are "that the court erred in overruling appellant's motion for a new trial."
Under decisions many times repeated, we cannot review this action of the trial court in the absence of a bill of exceptions showing that an exception was duly reserved to the ruling. The mere incorporation of an exception *264
in the record proper is not sufficient. Akin v. Chancy Bros., etc., Co.,
As the record stands, we can only affirm the judgment.
Affirmed.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.