Dortch Baking Co. v. Schoel

On Rehearing.

THOMAS, Justice.

It may be said in response to the application for rehearing that appeals are of statutory creation, and authority therefor “must be found in the statute.” Lee v. City of Birmingham, 221 Ala. 419, 128 So. 902. The right of appeal being statutory, an appellant must conform to the statute. Ex parte Jonas, 186 Ala. 567, 64 So. 960; 2 Alabama Digest, Appeal and Error, page 378, <©=>1.

The pertinent statutes are those which require a bond for security for costs of appeals and for supersedeas. Michie’s Code, §§ 6131, 6132, 6134.

In Louisville & Nashville R. Co. v. Shikle,…