Burdine v. Mustin
Supreme Court of Alabama
Appeal from tire Circuit Court of Pickens. Tried before the lion. William S. Mudd. This action was brought by William GL Mustin, against •James T. Burdine, and Mary, his wife, and was com- ' menced in a justice’s court. ¿^g^!tsiice%aving rendered judgment against the defe^^^A&sL.3|urdine appealed to the circuit court, and e^eisfed an appeal l|ond, without joining her husband.
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Appeal from tire Circuit Court of Pickens. Tried before the lion. William S. Mudd. This action was brought by William GL Mustin, against •James T. Burdine, and Mary, his wife, and was com- ' menced in a justice’s court. ¿^g^!tsiice%aving rendered judgment against the defe^^^A&sL.3|urdine appealed to the circuit court, and e^eisfed an appeal l|ond, without joining her husband. In me|«c^£^&%,£the plaintiff and Mrs. Burdine only ap¡paced; and that court rendered judgment, dismissing the Sppg^g'®t]ifee&Sst|í)f Mrs. Bur-dine and her sureties. Eroa^jhis judgpaenf Mrs. Burdine sued out an appeal,…
1Opinion of the Court
R. W. WALKER, J.—
The fact that an attorney has filed a brief, in which he discusses the merits of the case, and, at the same time, insists that the appeal ought to be dismissed, as not having been properly taken, cannot be considered as equivalent to a joinder in error, or as a waiver of defects in the appeal bond.
[2.] The appeal in this case falls completely within the rule settled in Dumas v. Hunter, 28 Ala. 688; and, upon the authority of that case, must be dismissed.
2Cases cited1 opinion
- Dumas v. HunterSupreme Court of Alabama · 1856
3Cited by1 opinion
- Pittman's Administrator v. MyrickSupreme Court of Florida · 1878