Robinson v. Murphy
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before lion. John A. Foster. The bill in this cause was filed by John N. Murphy, the appellee, against Robert ~W. Robinson, the appellant, for the purpose of enjoining the latter from proceeding further to enforce the collection of a judgment which he had obtained against the appellee in the Circuit Court of Montgomery county, on the 30th June, 1878, for the sum of $422.59, and on which he had caused an execution to be issued and…
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Appeal from Montgomery Chancery Court. Heard before lion. John A. Foster. The bill in this cause was filed by John N. Murphy, the appellee, against Robert ~W. Robinson, the appellant, for the purpose of enjoining the latter from proceeding further to enforce the collection of a judgment which he had obtained against the appellee in the Circuit Court of Montgomery county, on the 30th June, 1878, for the sum of $422.59, and on which he had caused an execution to be issued and levied on a lot of land in the city of Montgomery, as the property of the appellee. The materia] facts disclosed by the…
1Opinion of the CourtBrickell, C. J.
An appeal taken during the vacation of this court should be made returnable to the next ensuing term, and if not so taken, may be dismissed on motion. If the ap*546peal is taken, as was this appeal, during the session of the court, it may be made returnable to the first Tuesday of any succeeding month of the term, if there are ten days intervening between the taking of the appeal and the return day. Code of 1876, § 3925. This appeal is made returnable generally to the present term, and is irregular. The irregularity could have been cured by an amendment, if objection had been interposed before…
2Cases cited15 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Maddux v. BevanCourt of Appeals of Maryland · 1874
- Thompson v. LeaSupreme Court of Alabama · 1856
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Moye v. . CogdellSupreme Court of North Carolina · 1873
10 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Kinnon v. L. & N. R. R.Supreme Court of Alabama · 1914
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
- Bryan v. W. T. Smith Lumber Co.Supreme Court of Alabama · 1965
- Mitchum v. HudgensSupreme Court of Alabama · 1988
37 more not listed; retrieve them via the Exa API.