Lanier v. Russell
Supreme Court of Alabama
Appeal from the Probate Court of Madison. Tried before the Hon. William Richardson. The appeal in this case was sued out on April 5th, 1882, from a judgment and decree of said Probate Court which was rendered and entered of record on March 4th preceding, and founded on the verdict of a jury returned into court on the morning of that day ; and 'a motion to dismiss the appeal was submitted by the appellee, on the ground that it was not taken within the time prescribed by law.
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Appeal from the Probate Court of Madison. Tried before the Hon. William Richardson. The appeal in this case was sued out on April 5th, 1882, from a judgment and decree of said Probate Court which was rendered and entered of record on March 4th preceding, and founded on the verdict of a jury returned into court on the morning of that day ; and 'a motion to dismiss the appeal was submitted by the appellee, on the ground that it was not taken within the time prescribed by law. The suit commenced in'an application by Mrs. Martha T. Russell for the probate of a paper writing, which purported to be…
1Opinion of the CourtStone, J.
— The judgment-entry found and certified in this record shows that the verdict of the jury was rendered, and the judgment and decree pronounced, on the 4th day of March, 1882. The appeal was prayed and taken April 5th, 1882. Excluding the first day, and including the .last, there were thirty-two days between the rendition of the judgment and the grant of the appeal. The statute (Code of 1876, § 3954) requires that such appeals shall be taken “ within thirty days after the determination of such contest.” An application was made to the Circuit Court for a manda/mus, to compel the judge of…
2Cases cited12 opinions
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