Rodgers v. Abercrombie
Supreme Court of Alabama
This was a motion to dismiss the appeal in this case. The motion was made at the January term, 1872, the transcript in the cause having been filed on the 24th day of January. The opinion seems to have been delivered at the January term, 1872, although it is marked June term, 1872.
1Opinion of the CourtPeters, J.
The appellants move the court to dismiss the appeal in this case, because the record shows that the appeal was taken on the 12th day of January, 1872, and made returnable to the present term of the court, instead of the next ensuing term after the allowance of the appeal.
The right to an appeal is absolute, and it may be taken at any time within two years from the rendition of the *467judgment or decree from which the appeal is taken. — Eev. Code, §§ 3485, 3508. And this right may be exercised on any day of the whole period of two years, within which an appeal is not barred by the statute of…
2Cases cited1 opinion
- Willingham v. HarrellSupreme Court of Alabama · 1859
3Cited by1 opinion
- Sears v. KirkseySupreme Court of Alabama · 1886