Thompson v. City of Birmingham

SOMERVILLE,' J.

When a party to a judicial proceeding appeals from the judgment of the trial court to an appellate court, for the purpose merely of reviewing the rulings and judgment of the trial court, the party becomes and remains the actor in the prosecution of the appeal; and, no statute forbidding, the appellate court has undoubtedly the inherent power to dismiss the appeal, if the appellant does not seasonably appear and prosecute it conformably to the prescribed procedure.. 18 Corpus Juris, 1192.

But when an appeal is allowed by statute from the judgment of an inferior court to a…