Mazange v. Slocum
Supreme Court of Alabama
Error to the Circuit Court of Monroe. Motion is made to dismiss the cause from the court for want of jurisdiction, the writ of error having issued since the 17th January, 1853, the day on which the new Code went into operation.
1Opinion of the CourtChilton, C. J.
-The Code abolishes writs of error in civil cases, and gives an appeal, as matter of right, in lieu thereof. See section 3016.
The appeal under this section, like the writ of error for which it is substituted, is a new proceeding, and is the commencement of proceedings in this court to revise the final action of the court below, and cannot be regarded as the continuation of proceedings in the primary court. It is, therefore, unaffected by the twelfth section of the Code, which declares that “no action or proceeding commenced before the adoption of this Code, is affected by its provisions.” The…
2Cited by19 opinions
- Thompson v. LeaSupreme Court of Alabama · 1856
- Finch v. FinchSupreme Court of Alabama · 1985
- Coker v. FountainSupreme Court of Alabama · 1917
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Anders Bros. v. LatimerSupreme Court of Alabama · 1917
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