Legal Opinion · Dissent

Finley v. Pless

Supreme Court of Alabama

Decided September 9, 1971No. 7 Div. 897Published

1DissentMaddox, Justice

The practical effect of the majority decision is to dismiss the appeal on our own motion because $750 deposited with the Register is not security for the payment of the costs of this appeal which will be between $15 — $20. I do not believe our legislators ever intended such a result and I must respectfully dissent.

I recognize that the majority merely follows the holdings made in Gray v. State ex. rel. Attorney General, 279 Ala. 333, 185 So.2d 125 (1966), which followed American Federation of Musicians v. Moss, 277 Ala. 169, 168 So.2d 12, (1964), but I think the opinions in Gray and American…

2Cases cited26 opinions

  1. Dollar v. McKinneySupreme Court of Alabama · 1958
  2. Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
  3. Ringgold v. GrahamTexas Commission of Appeals · 1929
  4. Butler v. FosterSupreme Court of Alabama · 1848
  5. Clary v. CasselsSupreme Court of Alabama · 1952

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