Fountain v. State Ex Rel. Hybart

The motion to dismiss this appeal from the final judgment of the circuit court awarding the writ of mandamus directed to the appellant is based' upon the view that the appeal is abortive because the security for cost of appeal was taken and approved by the circuit clerk under Code, § 4866, instead of the circuit judge, who heard the cause, under Code, § 2843, relying upon Wyker v. Francis, 120 Ala. 509, 24 South. 895. In the respect that decision referred the authority for that appeal to Code, § 431 (now section 2843), justifying the approval there of the appeal bond by the judge, it is an…