Lowery v. Petree
Supreme Court of Alabama
Appeal from' Franklin Circuit- Court. Heard before Hon. C. P. Almon. Election contest by William J. Lowery against Sidney J. Petree for the office of judge of probate. From a judgment dismissing tlie petition, because of failure to give statutory bond, contestant appeals.
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Appeal from' Franklin Circuit- Court. Heard before Hon. C. P. Almon. Election contest by William J. Lowery against Sidney J. Petree for the office of judge of probate. From a judgment dismissing tlie petition, because of failure to give statutory bond, contestant appeals. Tlie bond was as follows: “We, William J. Lowery [here follows list of sureties], hereby agrees to pay to the person legally entitled to same all of the costs of the afore-styled cause, wherein William D. Lowery is contestant and Sidney J. Petree is contestee, provided such Sidney J. Petree be successful in said contest.”…
1Opinion of the CourtMcCLELLAN, J.
There is no motion to dismiss the appeal. The transcript was filed, though belated, during the term to which, in term time, it was by law returnable. In the absence of a motion to dismiss the appeal, we will not, 'under these circumstances, consider its dismissal.
The paper, purporting to be a bond, filed with the statement of contest, did not comply with the requirement of the statute in that particular. — Code 1907, § 470. It should have been conditioned to secure the costs of the contest. Obviously, an attempt, though abortive, was made to comply with the statute as to security for costs.…
2Cases cited2 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Ex parte ShepherdSupreme Court of Alabama · 1911
3Cited by7 opinions
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Cosby v. MooreSupreme Court of Alabama · 1953
- Groom v. TaylorSupreme Court of Alabama · 1937
- Bowen v. HolcombeSupreme Court of Alabama · 1919
- Dobbins v. City of AnnistonSupreme Court of Alabama · 1985
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