
    (106 So. 681)
    COMMERCIAL CREDIT CO. v. FULLER.
    (4 Div. 157.)
    (Court of Appeals of Alabama.
    Dec. 15, 1925.)
    Criminal law <©=1095 — Bill of exceptions not presented to trial judge or clerk within 90 days from judgment will be stricken.
    A bill of exceptions, which was not presented to trial judge or clerk within 90 days from day on which judgment was rendered, will be stricken on proper motion, in view of Code 1923, §§ 6433 and 6434.
    Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge.
    Action in detinue by the Commercial Credit Company against J. Cliff Fuller. From a judgment for defendant, plaintiff appeals.
    Affirmed.
    W. H. Stoddard, of Luverne, for appellant.
    'In view of the decision, brief on the merits need not be here set out.
    Frank B. Bricken, of Luverne, for appellee.
    The bill of exceptions was not presented within the time required by law, and will not be considered. Code 1923, § 6433 ; Hamilton v. State, 20 Ala. App. 585, 104 go. 345; Miller v. Whittington, 204 Ala. 207, 85 So. 394; Smith v. Smith, 173 Ala. 547, 55 So. 1009.
   RICE, J.

From a judgment adverse to it in a detinue suit brought by it for the recovery of one certain Ford touring car, appellant prosecutes this appeal.

On Motion.

The record shows the trial to have been had and judgment rendered on March 2, 1925. The bill of exceptions appears not to have been presented to the trial judge or clerk until June 2, 1925, more than- 90 days from the day on which the judgment was rendered. This was not in accordance with law, and appellee’s motion to strike the bill of exceptions, duly filed in this court, must be, and is hereby, granted. Code 1923, §§ 6433 and 6434.

On Merits.

There being no bill of exceptions, and no prejudicial error appearing in the record, the judgment is affirmed.

Affirmed. 
      <@^>For other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     