State Ex Rel. Seibels v. Farley
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Proceeding by the State, on the relation of W. T. Seibels, as Solicitor, to condemn one Ford sedan, because used by Pete Flynn in transporting prohibited liquor, with claim by Mrs. Ethel B. Farley, as mortgagee. From a decree for claimant, complainant appeals. Under the evidence, the automobile,should have been condemned and sold.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Proceeding by the State, on the relation of W. T. Seibels, as Solicitor, to condemn one Ford sedan, because used by Pete Flynn in transporting prohibited liquor, with claim by Mrs. Ethel B. Farley, as mortgagee. From a decree for claimant, complainant appeals. Under the evidence, the automobile,should have been condemned and sold. The transcript was not filed in time, and the case should he dismissed.. 205 Ala. 112, 87 South. 363. The court rendered the proper decision. 203 Ala. 145, 82 South. 182; 87 South. 842; 205 Ala. 286,…
1Opinion of the CourtMiller, J.
[1] The appellee moves to dismiss the appeal because the transcript was not filed in this court within the time required by law. The appeal was taken on March 5, 1921. This was in term time. Under rule 41 (175 Ala. xx, 56 South, vi), the transcript' should be filed in this court not later than the first day of the first week of the term during which the case is subject to call in this court. That day was Monday, May 9, 1921. This motion was filed between that date and May 12, 1921. The appellant had under the rule until Thursday, May 13, 1921, to show cause why the transcript was not filed…
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