Averett v. Horn
Supreme Court of Alabama
ERROR to the County Court of Perry. If the plaintiff in error craved an appeal within five days from the rendition of judgment, and executed his appeal bond on the first day after the expiration of five days and before the issuance of execution, it was sufficient, and the appeal should not have been dismissed. — Johnson v. Hale, 8 Stew. & Por. 331; Henderson v. Plumb & Robbins, 18 Ala. 74. The case of Jones v. Moore, (13 Ala. 296,) does not settle this question.
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ERROR to the County Court of Perry. If the plaintiff in error craved an appeal within five days from the rendition of judgment, and executed his appeal bond on the first day after the expiration of five days and before the issuance of execution, it was sufficient, and the appeal should not have been dismissed. — Johnson v. Hale, 8 Stew. & Por. 331; Henderson v. Plumb & Robbins, 18 Ala. 74. The case of Jones v. Moore, (13 Ala. 296,) does not settle this question. It only decides that the appeal bond in that case was executed within the five days. The language of the statute is explicit, that…
1Opinion of the CourtColeman, J.
This was an appeal by Averett from a justice of the peace, to the court below.
*804The bill of exceptions discloses, in substance, that the court dismissed the appeal on the ground that the appellant did not give the appeal bond until the sixth day after the rendition of the judgment; that the appellant “craved” an appeal on the day of trial and after judgment was rendered against him, and that on the fifth day after the judgment, he went to the house of the justice of the peace who rendered the judgment to execute an appeal bond, but that the justice was not at home, by reason whereof he failed…
2Cases cited1 opinion
- Henderson v. PlumbSupreme Court of Alabama · 1850
3Cited by1 opinion
- Geile v. KnowlesSupreme Court of Kansas · 1952