Shepherd v. Clements , 25 Ala. App. 7 ( 1931 )

BRICKEN, P. J.

This was an action on the common counts by O. R. Clements against Shepherd Sloss Realty Company, the individuals composing that firm, and R. G. Hawkins, for work and labor done. The defendant Hawkins .was eliminated by amendment because of lack of service.

The trial was before the circuit court without a jury, and, at the conclusion of the testimony, heard ore tenus, the learned trial judge rendered judgment for the 'plaintiff, Clements (appellee here), for $381.37. The defendants (appellants) bring the cause here for review by appeal.

No exception was reserved to the rendition of the judgment rendered by the Jefferson circuit court. For that reason wo are precluded from reviewing the action of the court below in rendering the judgment. Hill v. Condon, 14 Ala. App. 332, 70 So. 208; Greek American Produce Co. v. Louisville & Nashville R. Co., 1 Ala. App. 272, 55 So. 455.

The appeal in this cause is from the judgment. No appeal is prosecuted from the action of the court in overruling the motion for a new trial. The appeal bond recites that the defendants “has (have) prayed and obtained an appeal from said judgment to the Court of Appeals of Alabama,” etc. Under this appeal, the court’s action on the motion for a new trial is not reviewable here. McMillon v. Skelton, 208 Ala. 693, 95 So. 148; Robinson v. Steverson, 20 Ala. App. 59, 100 So. 910.

This leaves for review five assignments of error that relate to rulings on the admission of evidence. A careful consideration of each of these questions fails to disclose any error that probably injuriously affected the substantial rights of the parties. Supreme Court rule 45.

The judgment appealed from is affirmed.

Affirmed.