GORDON et al. vs. McLEOD, Executor

GORDON et al. vs. McLEOD, Executor. 1. Matters cannot be assigned for error in tbe Appellate Court -which were not excepted to, nor in any other manner reserved, by the plaintiff in error, in the court below. Error to the Court of Probate of Wilcox. On the final settlement of the estate of Robert G. Gordon, deceased, by Alexander McLeod, his executor, the distribu-tees of the estate appeared by attorney, and objected to the allowance of an item of five hundred dollars, with which the executor had charged the estate. No bill of exceptions was taken; but the judgment entry recites all the evidence which was introduced relative to the disputed item, and the judgment of the court, that it was insufficient to 'authorize the rejection of the charge. “ The decision of the court upon the proof, as shown in and by the record, allowing to the said executor the said sum of five hundred dollars,” is now assigned for error. O. C. Sellers, for plaintiffs in error. Watts, Judge & JacxsoN, contra. [MAJORITY — LIGON, J.] LIGON, J. Tbe record does not show that tbe matters assigned for error in tbis court were excepted to, or in any other manner reserved by tbe plaintiffs in error, in tbe court below. Tbis court bas repeatedly beld, that it will not revise any supposed error in tbe decision of an inferior court of law upon facts, unless they are set forth in a bill of exceptions, signed and sealed as-the statute directs. 17 Ala. 700; 13 ib. 245; 12 ib. 600; 5 ib. 127; 9 Porter 136; ib. 118; 5 ib. 103; 5 Stew. & P. 330. We are not disposed to change tbe practice, even if we were at liberty to do so; and consequently, tbe judgment of tbe Court of Probate is affirmed.