Strain v. Irwin
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by June Irwin against Tom Strain. Judgment for plaintiff and defendant appeals. Submitted on motion to dismiss appeal. Transferred from Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtGardner, J.
This cause was submitted in the Court of Appeals upon the motion to dismiss the appeal, made by the appellee. The records of that court disclose that the submission was only upon the motion and not on the motion and the merits.
The point is taken by the appellee that the appeal should be dismissed because of the insufficiency of the appeal and supersedeas bond, for that it misdescribes the judgment from which the appeal is taken, citing in support thereof the cases of Dumas v. Hunter, 28 Ala. 688, Satterwhite v. State, 28 Ala. 65, Williams v. State, 26 Ala. 85, and Carey v. McDougald, 25 Ala.…
2Cases cited5 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Street v. StreetSupreme Court of Alabama · 1896
- Carey v. McDougald's Adm'rSupreme Court of Alabama · 1854
- Williams v. StateSupreme Court of Alabama · 1855
- Dumas v. HunterSupreme Court of Alabama · 1856
3Cited by3 opinions
- Wilder v. BushSupreme Court of Alabama · 1917
- Cox v. PoerCourt of Civil Appeals of Alabama · 1969
- Colbert County v. Tennessee Valley BankSupreme Court of Alabama · 1932