Town of Tutwiler v. Gibson

I dissent from the view ■of the majority on this motion to dismiss. Section 94 ■of the Code of 1906 (Hemingway’s Code, section 76), .gives the state, counties, and municipalities and public ■officers representing them, the right of appeal, and in this section there is no limitation whatever upon the right so far as time is concerned. This section is in the chapter on Appeals, and if it was the only section bearing upon the question there could be no doubt that there would be no time limit upon the taking of appeals during the life of the judgment. The only limitation upon the right to appeal…