Green v. Maclin
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. MOTION to dismiss the appeal, on the ground that it is barred by the statute of limitations.
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Appeal from the Circuit Court of Benton. MOTION to dismiss the appeal, on the ground that it is barred by the statute of limitations. The record shews that the judgment was rendered on the 21st April, 1851 ; that a writ-of-error bond was executed on the 15th September, 1851, returnable to the then next term of this court, but the cause was not docketed, and no proceedings appear to have been afterwards had on said writ of error; that an appeal bond was given in the court below, in March, 1854, payable to the next friend of the plaintiffs of record, but formal in all other respects ; that…
1Opinion of the CourtStone, J.
I am satisfied that the writ of error can exert no influence in this case, either for or against the motion. It was not prosecuted, and no motion was made to affirm the judgment on certificate. The case must stand, then, as if no writ of error had ever been sued out. — Tardy v. Murray, 17 Ala. 585 ; U. S. v. Haden, 5 Porter, 533.
The appeal sued out in March, 1854, is defective, because the bond is not payable to the plaintiff's of record.
It is contended that the appeal taken in August, 1854, should be dismissed, because, as it is argued, an appeal was then barred by the statute, being taken…
2Cases cited4 opinions
- Mazange v. SlocumSupreme Court of Alabama · 1853
- United States v. HadenSupreme Court of Alabama · 1837
- Boykin v. KernochanSupreme Court of Alabama · 1854
- Tardy v. MurrySupreme Court of Alabama · 1850
3Cited by2 opinions
- Wood v. BarkerSupreme Court of Alabama · 1860
- Lewis' Adm'r v. Lindsay's Adm'rSupreme Court of Alabama · 1858