Jacobs v. Goodwater Graphite Co.
Supreme Court of Alabama
Appeal from Circuit Court, Coosa County; E. J. Garrison, Judge. Suit by Moses Jacobs, Sr., against tbe Goodwater Graphite Company to enforce a vendor’s lien. ' Decree for respondent, and complainant appeals. The ease was submitted on motion of appellee to dismiss tbe appeal because not consummated within tbe time and within the manner prescribed by Gen. Acts 1919, p. 84, and on tbe merits.
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Appeal from Circuit Court, Coosa County; E. J. Garrison, Judge. Suit by Moses Jacobs, Sr., against tbe Goodwater Graphite Company to enforce a vendor’s lien. ' Decree for respondent, and complainant appeals. The ease was submitted on motion of appellee to dismiss tbe appeal because not consummated within tbe time and within the manner prescribed by Gen. Acts 1919, p. 84, and on tbe merits. Tbe court was in error in bolding that there was a waiver of tbe lien. 124 Ala. 633, 26 South. 959; 95 Ala. 536, 10 South. 345; 69 Ala. 33. The notice to the officials of the lien was notice to the…
1Opinion of the CourtThomas, J.
The case was submitted on motion and on merits.
The' motion was to dismiss the appeal for the reason that appellant did not file the transcript in the canse with the clerk of this court within 60 days after- its completion and certification. The final decree was rendered on March 4, 1920, from which the appeal was taken on March 19th, security for costs for perfection of the appeal approved March 20th, certification of the register to the transcript was on Aiiril 16th, and the transcript was filed with the clerk of this court on November 16tb thereafter. Gen. Acts 1919, pp. 84-86.' Acceptance…
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