Opinion

Irwin v. Weil

  • 228 Ala. 489
  • 153 So. 746
  • 1934 Ala. LEXIS 16
Court
Supreme Court of Alabama
Filed
Mar 1, 1934
Status
Published
Author
Thomas
On the bench
Thomas, Anderson, Brown, Knight
Cited by
9 cases
Authority
More cited than 79.8%

The opinion

THOMAS, Justice.

The trial was had by the court.without a jury, and judgment rendered for plaintiffSi

It may be said that the judgment was rendered on June 9, 1931; the appeal was tak

*490

en, and. security for costs given and' approved on May 11, 1932; and the question of jurisdiction to entertain the appeal is presented. Section 6127, Code; Colbert County v. Tennessee Valley Bank, 225 Ala. 632 , 144 So. 803 ; Hildebrand v. First Nat. Bank of Fairfield, 221 Ala. 216 , 128 So. 219 ; Collins Paving Co. v. Holseapple, 221 Ala. 308 , 128 So. 599 ; Thompson v. State ex rel. Reeves, 216 Ala. 348 , 113 So. 296 ; City of Troy v. Murphree, 214 Ala. 118 , 107 So. 83 .

The appeal, taken after the time prescribed by statute, will be dismissed ex mero motu, because this court is without jurisdiction to consider same. Snider v. Funderburk, 209 Ala. 663 , 96 So. 928 ; Boshell v. Phillips, 207 Ala. 628 , 93 So. 576 ; Bickley v. Hays, 183 Ala. 506 , 62 So. 767 .

Appeal dismissed.

ANDERSON, C. X, and BROWN and KNIGHT, XL, 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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