Opinion

Callahan v. Thomas

  • 252 Ala. 617
  • 42 So. 2d 534
  • 1949 Ala. LEXIS 508
Court
Supreme Court of Alabama
Filed
Oct 13, 1949
Status
Published
Author
Simpson
On the bench
Simpson, Brown, Foster, Lawson
Cited by
2 cases
Authority
More cited than 63.5%

The opinion

SIMPSON, Justice.

Consideration of the motion to strike the transcript of the evidence commands attention first and is dispositive of the appeal. The transcript was not filed until 183 days after the rendition of the judgment and the motion to strike must be sustained. Dewrell v. Kearley, 250 Ala. 18 , 32 So.2d 812 ; General Acts 1943, p. 423, Supreme Court Rule 48, Code 1940, Tit. 7, Appendix.

Since the matters sought to be .reviewed relate to questions of evidence, with the transcript stricken, no further consideration may be tendered the appeal and the judgment must be affirmed.

Motion to strike granted and judgment affirmed.

BROWN, FOSTER, and LAWSON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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