Opinion
5 Div. 483.
December 18, 1923.
Appeal from Circuit Court, Elmore County; W.M. Lackey, Judge.
Action by F.L. Bowen against A.J. Whaley; C.C. Whaley, claimant. From a judgment for plaintiff, claimant appeals. Affirmed.
P.B. McKenzie, of Tallassee, for appellant.
The verdict of the jury was plainly erroneous and should have been set aside. Acts 1915, p. 722.
Holley Milner, of Wetumpka, for appellee.
Where the motion for new trial appears in neither the bill of exceptions nor the record proper, the trial court will not be put in error for refusing to grant the motion. Powell v. Folmar, 201 Ala. 271, 78 So. 47; Acts 1915, p. 722; Birmingham W. W. Co. v. Justice, 204 Ala. 547, 86 So. 389; King v. State, 16 Ala. App. 103, 75 So. 692; Stover v. State, 204 Ala. 311, 85 So. 393.
The only assignment of error is to the action of the trial court in overruling a motion for new trial.
Upon a careful examination, we find that no exceptions were reserved on the trial; neither the record nor the bill of exceptions shows the motion for new trial, or what it contained. In this state of the record, there is not sufficient exception presented upon which this court could predicate error.
We find no reversible error in the record, and the judgment is affirmed.
Affirmed.