Lide v. Park
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. This was a bill in equity filed by Frank W. Lide against Lemuel Parle and others, and sought to declare and enforce a constructive trust, and an accounting. Demurrers to the bill were sustained by decree rendered May 29th, 1900, which recited: “Complainant has thirty days in which to amend said bill so as to give it equity or it will stand dismissed.”
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. This was a bill in equity filed by Frank W. Lide against Lemuel Parle and others, and sought to declare and enforce a constructive trust, and an accounting. Demurrers to the bill were sustained by decree rendered May 29th, 1900, which recited: “Complainant has thirty days in which to amend said bill so as to give it equity or it will stand dismissed.” The appeal was taken on July 27th, 1900. A motion is lieré made by appellees to dismiss the appeal because not taken within the time allowed by law. cited Code, § 427; 2 Ency. of…
1Opinion of the CourtSharpe, J.
— Authority for appealing from an interlocutory decree sustaining a demurrer 'to a bill in equity is found alone in section 427 of the Code. By that section time for taking an appeal in such case is limited to thirty days after the rendition of such decree, and no exception is made as to cases where time has been allowed for amending the bill. The appeal in this case having been taken after the lapse of thirty days from the decree sustaining the demurrer though within thirty days after expiration of the time allowed for "amendment was unauthorized and is therefore not within the jurisdiction…
2Cases cited3 opinions
- Jones's Administrator v. CraigSupreme Court of the United States · 1888
- Reese v. BillingSupreme Court of Alabama · 1846
- Ex parte McLendonSupreme Court of Alabama · 1858
3Cited by18 opinions
- Western Electric Co. v. Pacent Reproducer CorporationCourt of Appeals for the Second Circuit · 1930
- Singo v. BrainardSupreme Court of Alabama · 1911
- Boshell v. Phillips.Supreme Court of Alabama · 1922
- Daggett v. BoomerSupreme Court of Alabama · 1924
- Langston v. Louisville & N. R.Supreme Court of Alabama · 1926
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