Cheairs v. Osborn

2 Citing cases

Barnett v. Crumpton
25 So. 2d 414 (Ala. 1946) Cited 10 times
And it is required that appellant give notice and security for costs, under Code Tit. 7, § 766. An appeal is perfected only when a good and sufficient security for costs of appeal is filed. This appeal not having been perfected within the time fixed by the statute, it should be dismissed. Journequin v. Land, 235 Ala. 29, 177 So. 132; Irwin v. Weil, 228 Ala. 489, 153 So. 746; Thompson v. Menefee, 218 Ala. 332, 118 So. 587, 589; Cheairs v. Osborn, 26 Ala. App. 362, 159 So. 702; Jacobs v. Goodwater Graph Co., 205 Ala. 112, 87 So. 363; Liverpool, c. Co. v. Lowe, 208 Ala. 12, 93 So. 765; Peters v. Schuessler, 208 Ala. 627, 95 So. 26; Burgin v. Sugg, 210 Ala. 142, 97 So. 216; Carlisle v. Carmichael, 222 Ala. 182, 131 So. 445; Dodd v. Carnes, 207 Ala. 367, 92 So. 428; Walden v. Leach, 201 Ala. 475, 78 So. 381; Wallace v. Folmar, 215 Ala. 246, 110 So. 402. GARDNER, Chief Justice.
Williams v. Knight
233 Ala. 42 (Ala. 1936) Cited 37 times
In Williams v. Knight, 233 Ala. 42, 169 So. 871, 876, it was said: "This court has the right to make rules in the exercise of its inherent power; and rules so made can be regulated or modified in a proper case by the Legislature where the inherent power of this court is not limited."
In Moor v. Moor, 211 Ala. 56, 99 So. 316, it was held: "An appeal taken within 6 months after rendition of a decree denying a divorce, as required by Code 1907, § 2868, and Gen.Acts 1915, p. 711, as amended by Gen.Acts 1919, p. 84, is in time; Code 1907, § 2869, fixing the time at 60 days applying only when a divorce is granted." See, also, Cheairs v. Osborn et al., 26 Ala. App. 362, 159 So. 702. And in Burgin et al. v. Sugg et al., 210 Ala. 142, 97 So. 216, a question of jurisdiction being presented by a bill in chancery, it was held where an appeal is not taken within statutory time it will be dismissed. Wetzel v. Dixon, 227 Ala. 46, 148 So. 857; Colbert County v. Tennessee Valley Bank, 225 Ala. 632, 144 So. 803; Irwin v. Weil et al., 228 Ala. 489, 153 So. 746; Boshell v. Phillips, 207 Ala. 628, 93 So. 576; Dodd v. Carnes, 207 Ala. 367, 92 So. 428; Coker et al. v. Fountain et al., 200 Ala. 95, 75 So. 471. Anthony v. Anthony et al., 221 Ala. 221, 128 So. 440, held, after removal of the administration to the chancery court, it was subject to section 6127 of the Code, as to appeal. In the case of Carlisle et al. v. Carmichael et al., 222 Ala. 182, 183, 131 So. 445, a bill in equity, this court said: "A final decree in equity denying relief to complainant was entered in the circuit court July 21, 1928.

Cheairs v. Osborn

2 Citing cases

Barnett v. Crumpton

Williams v. Knight

In Williams v. Knight, 233 Ala. 42, 169 So. 871, 876, it was said: "This court has the right to make rules in the exercise of its inherent power; and rules so made can be regulated or modified in a proper case by the Legislature where the inherent power of this court is not limited."