Shulman, Goetter & Weil v. Brantly & Copeland

This is a motion to affirm the judgment of the court below, on the certificate of appeal. The certificate shows that the appeal was taken on the eighth day of June, 1872. This was after the commencement of the present term of this court, yet the certificate of the clerk certifies that the appeal was taken “ to the present term of the supreme court of Alabama, now in session at Montgomery.” A more careful examination of the statute upon *194the subject of appeals satisfies my mind that the clerk has no authority to make any such declaration in his certificate. It is, therefore, mere surplusage. —…