Mabry v. Dickens
Supreme Court of Alabama
Erom the the Circuit Court of Barbour. Tried before the Hon. S. D. Hale. Isr this case, as the bill of exceptions shows, the defendant moved to dismiss the suit, on the ground that the plaintiff, being a non-resident, liad not given security for the costs. The court overruled the motion, and the defendant excepted; and he now assigns the ruling of the court as error.
1Opinion of the CourtStone, J.
— In this case, no appeal has been taken to this court; nor has a final judgment been rendered in the court below, from which an appeal could be taken. "While the joinder in error may, under the authority of Thompson v. Lea, 28 Ala. 453, operate a waiver of the want of an appeal, the parties cannot waive a final judgment, and, by consent, give this court jurisdiction of the case. — Code, § 3016. Appeal dismissed.
2Cases cited1 opinion
- Thompson v. LeaSupreme Court of Alabama · 1856
3Cited by8 opinions
- Jones v. City of HuntsvilleSupreme Court of Alabama · 1972
- Mills v. MillerNebraska Supreme Court · 1873
- Gordon v. Central Park Little Boys LeagueSupreme Court of Alabama · 1960
- Draper v. WalkerSupreme Court of Alabama · 1893
- Ex Parte LittleSupreme Court of Alabama · 1957
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