Winthrow v. Woodward Iron Co.
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before the Hod. H. A. Sharpe. The appeal in this case was dismissed by this court, on motion of appellee, because the transcript of the record was not filed during the term of this court to which the appeal was taken. 1. There is' no power to compel the clerk or register to make and deliver a transcript of the record until the third day of the next term of the Supreme Court, next after the appeal. — Code of 1876, §§ 3933, 3939 and…
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Appeal from City Court of Birmingham. Tried before the Hod. H. A. Sharpe. The appeal in this case was dismissed by this court, on motion of appellee, because the transcript of the record was not filed during the term of this court to which the appeal was taken. 1. There is' no power to compel the clerk or register to make and deliver a transcript of the record until the third day of the next term of the Supreme Court, next after the appeal. — Code of 1876, §§ 3933, 3939 and 3940. There can be no discontinuance, unless appellants have failed to do what the law required and gave them power to…
1Opinion of the Court
Per Curiam.-
— -The motion made is to dismiss the appeal on the ground that the transcript of the record was not filed during the term of this court to which the appeal was *102taken, and that this fact operated as a discontinuance of the cause. The judgment was rendered, in the court below, in October, 1885. The appeal was taken in March, 1886, returnable to the first Tuesday in June, 1886, — a term of this court which ended on July 31st, 1886. -The transcript was not filed until December 17th, 1886, or the next ensuing term of this court. The motion to dismiss was made on the same day the…
2Cases cited4 opinions
- Carleton & Slade v. Goodwin'sSupreme Court of Alabama · 1867
- Roebuck v. DupreySupreme Court of Alabama · 1841
- Owen v. EcholsSupreme Court of Alabama · 1856
- Haden v. United StatesSupreme Court of Alabama · 1837
3Cited by9 opinions
- Campbell v. StateSupreme Court of Alabama · 1913
- National Union v. SherrySupreme Court of Alabama · 1913
- Porter v. MartinSupreme Court of Alabama · 1903
- Powell v. StateAlabama Court of Appeals · 1912
- Street v. StreetSupreme Court of Alabama · 1896
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