Rhea's Adm'r v. Rhea's Heirs
Supreme Court of Alabama
Appeal from Probate Court of Cherokee. This was a motion to dismiss the appeal in this case, upon a statement of facts set forth in the opinion.
1Opinion of the CourtBrickell, C. J.
The appeal was taken, returnable to the January term, 1875, of this court, but the transcript was not filed until the following June term, nor was there an order directing the cause to be docketed, or any other in reference to it. The decisions prior to the statute of February 16, 1867, now § 3512 of the Revised Code, had settled the failure to file the transcript at the term to which the appeal was returnable, or to obtain an appropriate order docketing the cause, operated a discontinuance. The appeal thereby became a nullity, and this court was without jurisdiction over it.—Carleton v.…
2Cases cited3 opinions
- Richards v. Maryland Insurance Co.Supreme Court of the United States · 1814
- Carleton & Slade v. Goodwin'sSupreme Court of Alabama · 1867
- Baskins v. WilsonNew York Supreme Court · 1826
3Cited by1 opinion
- Sears v. KirkseySupreme Court of Alabama · 1886