Legal Opinion
Hinson v. Cook
Supreme Court of Alabama
Decided February 27, 1941No. 6 Div. 786PublishedCited by 9 opinions
1Opinion of the Court
BOULDIN, Justice.
An appeal will not be dismissed, nor the judgment affirmed on certificate, upon the ground that the transcript was not filed within sixty days in an equity cause as per Code, § 6107, where the transcript was on file and the cause ready for submission on the merits at the first call of the division from which the appeal comes. Supreme Court Rule 41; Sloss-Sheffield Steel & Iron Co. v. Terry, 191 Ala. 476, 67 So. 678.
In the instant case the submission on motion to dismiss was at the same time as submission on the merits. The motion to dismiss is overruled, and the cause is…
2Cases cited8 opinions
- Griffin v. HallSupreme Court of Alabama · 1895
- Smith v. WitcherSupreme Court of Alabama · 1912
- McEvoy v. LeonardSupreme Court of Alabama · 1889
- Richardson v. PowellSupreme Court of Alabama · 1917
- Sloss-Sheffield Steel & Iron Co. v. TerrySupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ellis v. StickneySupreme Court of Alabama · 1949
- State Ex Rel. Russell County v. Fourth National BankSupreme Court of Alabama · 1959
- Holt v. HoltSupreme Court of Alabama · 1947
- Horn v. PeekSupreme Court of Alabama · 1944
- Jones v. Kendrick Realty Co.Supreme Court of Alabama · 1970
4 more not listed; retrieve them via the Exa API.