Porter v. Martin
Supreme Court of Alabama
Appeal from the Chancery Court of Coffee. Heard before the lion. William L. Parks. The appeal in this case is prosecuted from a decree dismissing a bill filed by the appellants against the appel-lees, for the want of equity, on motion made by the ap-pellees. In this court there was a motion made to dismiss the appeal, on the ground that the record was not filed within the time prescribed by law.
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Appeal from the Chancery Court of Coffee. Heard before the lion. William L. Parks. The appeal in this case is prosecuted from a decree dismissing a bill filed by the appellants against the appel-lees, for the want of equity, on motion made by the ap-pellees. In this court there was a motion made to dismiss the appeal, on the ground that the record was not filed within the time prescribed by law. The facts in reference to this motion are sufficiently stated in the opinion. cited Hears v. Kirksey 81 Ala. 98; Winthrow v. Iron Vo., 81. Ala. 100; Bmjz&r v. McMillan, 13 So. Rep. 144.
1Opinion of the CourtMoCLELLAN, C. J.
The decree in this case dismissing the bill for want of equity was entered on February 13, 1902. The appeal was taken on March 1, 1902. Notice of the appeal was served on the respondent on March *3191.2, 1902. The return day of the appeal was the first Monday after the lapse of twenty days from March 12, 1902. At all events the record should have1, been filed in this court on Monday of the week of the call of the Fourth Division in this court, which was June 2, 1902. In point of fact, the record was not filed in this court until July 5, 1902, after the term to which the appeal was taken. No excuse…
2Cases cited3 opinions
- Sears v. KirkseySupreme Court of Alabama · 1886
- Winthrow v. Woodward Iron Co.Supreme Court of Alabama · 1886
- Bayzer & Shepherd v. McMillan Mill Co.Supreme Court of Alabama · 1894
3Cited by13 opinions
- National Union v. SherrySupreme Court of Alabama · 1913
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1934
- Cudd v. ReynoldsSupreme Court of Alabama · 1914
- Powell v. StateAlabama Court of Appeals · 1912
- Southern Ry. Co. v. Abraham Bros.Supreme Court of Alabama · 1909
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