Legal Opinion
City of Birmingham v. McConnell
Supreme Court of Alabama
Decided October 5, 1933No. 6 Div. 150PublishedCited by 2 opinions
1Opinion of the Court
GARDNER, Justice.
The city’s motion to dismiss the appeal prosecuted from the probate court to the circuit .court was properly overruled. The notices of appeal were not defective for a failure to describe the property. They met the requirements of our decisions, and sufficed for all practical purposes. Stollenwerck v. Elmore County, 210 Ala. 489, 98 So. 466; Alabama Power Co. v. Herzfeld, 216 Ala. 671, 114 So. 49.
The criticism of these authorities and the objections to the sufficiency of the notices relate to matters of administrative character, well within the control of the trial court, and…
2Cases cited5 opinions
- Swinney v. Ft. Wayne, Muncie & Cincinnati R. R.Indiana Supreme Court · 1877
- Dean v. County Board of EducationSupreme Court of Alabama · 1923
- Alabama Power Co. v. HerzfeldSupreme Court of Alabama · 1927
- Matter of MarshNew York Court of Appeals · 1877
- Stollenwerck v. Elmore CountySupreme Court of Alabama · 1923
3Cited by2 opinions
- Lybrand v. FormanSupreme Court of Alabama · 1953
- City of Tuscaloosa v. WilliamsSupreme Court of Alabama · 1935