Gardner v. Ingram
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Lerox F. Box. The appellee in this case, John B. Ingram, obtained a judgment before a justice of the peace against S. A. Smith, on which an execution was issued, and placed in the hands of F. M. Gardner, the appellant, as constable, to be executed. The execution was levied by the constable, and a forthcoming bond taken for the property.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Lerox F. Box. The appellee in this case, John B. Ingram, obtained a judgment before a justice of the peace against S. A. Smith, on which an execution was issued, and placed in the hands of F. M. Gardner, the appellant, as constable, to be executed. The execution was levied by the constable, and a forthcoming bond taken for the property. On the 11th March, 1886, the plaintiff filed a petition for a mandamus to the constable, requiring him to return the forthcoming bond forfeited ; and an answer and return was duly made by the…
1Opinion of the CourtClopton, J.
— The appeal is taken from tines' final judgment of the Circuit Court awarding a mandamus, in a proceeding under the act of February 12,1879. — Acts 1878-79. The third section of the act, which authorizes an appeal from the final judgment in such proceedings, provides : “ Every such appeal must be taken within thirty days after such final judgment is rendered, and not after that time.” The statute is imperative, and admits no excuse nor exception; and we are not authorized to regard any. More than thirty days from the rendition of the judgment elapsed before the appeal was taken. The motion…
2Cited by2 opinions
- Lusk v. CapehartSupreme Court of Alabama · 1900
- Ireland v. BrownAlabama Court of Appeals · 1912