Resolute Fire Ins. Co. v. O'Rear

CARR, Judge.

In the court below the plaintiff recovered a judgment.

This is the second appeal of this cause of action. Resolute Fire Ins. Co. v. O’Rear, 34 Ala.App. 249, 38 So.2d 616.

This appeal was submitted on the merits only in this court on April 18, 1950. On April 29 the appellee filed a motion to dismiss the appeal. He complains in this manner of defects in the appellant’s appeal bond. There is no merit in this belated motion. Title 7, § 806, Code 1940; Twinn *401Tree Lumber Co. v. Day, 181 Ala. 565, 61 So. 914.

Ike O’Rear, the appellee, purchased the automobile in question in 1945. At that…