Bickley v. Hays
Supreme Court of Alabama
Appeal from Colbert Chancery Court. Bill by E. L. Bickley against Arthur Hays. Prom a decree sustaining demurrers to the bill complainant appeals. Counsel discuss the questions raised by the demurrer to the bill with citation of authority in support of his contentions, but in view of the opinion, it is not deemed necessary to here set them out.
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Appeal from Colbert Chancery Court. Bill by E. L. Bickley against Arthur Hays. Prom a decree sustaining demurrers to the bill complainant appeals. Counsel discuss the questions raised by the demurrer to the bill with citation of authority in support of his contentions, but in view of the opinion, it is not deemed necessary to here set them out. The appeal is governed by section 2838, Code 1907, and not having been taken within 30 days from the decree, confers no jurisdiction on this court, and the appeal should be dismissed. — Dennis v. Curry, 142 Ala. 637, and cases cited.
1Opinion of the CourtAnderson, J.
— This appeal was taken by the complainant from a decree of the chancellor sustaining a demurrer to the bill of complaint, but the bill was not dismissed, and said appeal is controlled by section 2838 of the Code of 1907. This section, which gives the right of appeal in such cases, requires that the appeal be *507taken within 30 days from the rendition of the decree. The decree was rendered February 20, 1913, and the appeal ivas not taken until April 1, 1913, more than thirty days thereafter, and this court is without jurisdiction to entertain said appeal, which is accordingly dismissed.- —…
2Cases cited3 opinions
- Lide v. ParkSupreme Court of Alabama · 1902
- Blackburn v. Huber Manufacturing Co.Supreme Court of Alabama · 1902
- Dennis v. CurrieSupreme Court of Alabama · 1904
3Cited by8 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Boshell v. Phillips.Supreme Court of Alabama · 1922
- City of Troy v. MurphreeSupreme Court of Alabama · 1926
- Snider v. FunderburkSupreme Court of Alabama · 1923
- Irwin v. WeilSupreme Court of Alabama · 1934
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