Snellings v. Builders' Supply Co.

FOSTER, Justice.

AVhile this court incidentally observed in Montgomery Light & Water Power Co. v. Thombs, 204 Ala 678, 684, 87 So. 205, that section 6153, Code, was intended to penalize frivolous or delay appeals, it was not intended to assert that such was its only purpose, and that the province of this court was to determine whether an appeal was frivolous or for delay so as to authorize the statutory damages, there provided, when the facts stated in section 6153 are shown by the record. The conditions are (1) a moneyed judgment or decree; (2) that it is superseded on appeal by bond; (3) and…