Opinion
5 Div. 947.
May 26, 1927.
Appeal from Circuit Court, Chilton County; George F. Smoot, Judge.
J. B. Atkinson, of Clanton, for appellant.
An appeal must not be dismissed for any error, mistake, or irregularity in the taking thereof, but, on motion, all such amendments as are necessary to perfect it must be allowed. Code 1923, § 6144; Wilder v. Bush, 201 Ala. 21, 75 So. 143; Street v. Street, 113 Ala. 333, 21 So. 138.
Grady Reynolds and Omar L. Reynolds, both of Clanton, for appellee.
An exception must be reserved to the action of the trial court in granting or refusing a motion for a new trial, and this must be shown by the bill of exceptions. Farmers' Bank v. Gibson, 21 Ala. App. 389, 108 So. 629; Newell Cont. Co. v. Glenn, 214 Ala. 282, 107 So. 803; Akin v. Chancy Bros., 207 Ala. 523, 93 So. 409; Powell v. Folmar, 201 Ala. 271, 78 So. 47; Grand Bay L. Co. v. Simpson, 202 Ala. 606, 81 So. 548; Birmingham W. W. Co. v. Justice, 204 Ala. 547, 86 So. 389.
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 in the record proper is not sufficient. Akin v. Chancy Bros., etc., Co., 207 Ala. 523, 93 So. 408; Newell Contr. Co. v. Glenn, 214 Ala. 282, 107 So. 801.
As the record stands, we can only affirm the judgment.
Affirmed.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.