Legal Opinion

Rhodes v. Downing

Alabama Court of Appeals

Decided April 13, 1915PublishedCited by 5 opinions

Assumpsit. Appeal from Lawrence Circuit Court. Heard before Hon. D. W. Speaks. Assumpsit by Molly Downing against G-. W. Rhodes. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtThomas, J.

This cause was submitted on February 2, 1915, both on the merits and on a motion of the *496appellee to dismiss the appeal because of an alleged failure of the appellant to file the transcript within the time required by the rules of the Supreme Court, and because of a failure of the latter to submit affidavits showing good cause or excuse for the delay.

(1, 2) The record itself discloses sufficient excuse, saving the necessity at this time for an affidavit. It appears that the judgment from which the appeal is taken was rendered on December 3, 1913, that the appeal was taken on December 20, 1913,…

2Cases cited9 opinions

  1. Newall v. WrightMassachusetts Supreme Judicial Court · 1807
  2. Abrams v. WatsonSupreme Court of Alabama · 1877
  3. National Union v. SherrySupreme Court of Alabama · 1913
  4. Parker v. . AllenSupreme Court of North Carolina · 1881
  5. Tubb v. FortSupreme Court of Alabama · 1877

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Welch v. StateAlabama Court of Appeals · 1938
  2. Powell v. City of BirminghamSupreme Court of Alabama · 1952
  3. Mosell Realty Corp. v. SchofieldSupreme Court of Virginia · 1945
  4. Goode v. StateCourt of Criminal Appeals of Alabama · 1976
  5. Ex parte RhodesSupreme Court of Alabama · 1915

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