37 Ala. 314 | Ala. | 1861
The bill of exceptions found in this record is without date ; and the record contains no. evidence that it was signed in term time, or within ten days afterwards, pursuant to written consent of the parties for that purpose. Code, § 2358. A motion has been made to exclude the bill of exceptions; and under these circumstances, a majority of the court nold, that the exceptions cannot be regarded as apart of the record. — Kitchen v. Moye, 17 Ala. 143 ; Haden v. Brown, 22 Ala. 572; Cox v. Whitfield, 18 Ala. 738.
Judgment affirmed.