Mutual Sav. Life Ins. Co. v. Osborne

LIVINGSTON, Justice.

The judgment of the Court of Appeals dismissing the appeal cannot be sustained. It was taken within the time provided and allowed by the statute so far as appears from the record. It is true the notice or citation was not served for several months afterwards, but this irregularity affected only the question as to when the appeal should stand for trial, and not the jurisdictional validity of the appeal itself, which became complete when it was prayed for and the requisite security given. Willingham v. Harrell, 34 Ala. 680; Moore v. Spier, 80 Ala. 129; Kimbrell v. Rogers, 90…