51 Ala. 527 | Ala. | 1874
The several assignments of error, founded on the paper transcribed in the record, purporting to be a bill of exceptions, cannot be considered. The judge of probate refused to sign that paper, and certifies that he refused because it does not truly recite the facts occurring on the trial, or the rulings of the court. No application has been made to establish it as a bill of exceptions. Not being signed by the judge, or established in the mode prescribed by the statute, it does not form part of the record, and errors cannot be assigned on its statements.