Johnson v. Barnes

16 Citing cases

  1. Stanton v. Monroe County

    261 Ala. 61 (Ala. 1954)   Cited 31 times

    State ex rel. Burns v. Phillips, 250 Ala. 120, 33 So.2d 239; Code 1940, Tit. 19, § 7; Ex parte State ex rel. Denson, 248 Ala. 161, 26 So.2d 563. Appeals are of statutory origin and unless so provided no appeal will lie. Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144. No appeal can be taken before judgment which supports the appeal is made, signed and entered up. 3 Am.Jur. 146; Edwards v. Davenport, 11 Ala. App. 423, 66 So. 878; Lathrop Lib. Co. v. Pioneer Lbr. Co., 207 Ala. 522, 93 So. 427; State ex rel. Garrow v. Grayson, 220 Ala. 12, 123 So. 573; Alabama Great Southern R. Co. v. Campbell, 32 Ala. App. 179, 22 So.2d 616. Timely appeals are jurisdictional, and if not taken in time will be dismissed.

  2. Holland v. Jefferson Cnty.

    No. SC-2024-0230 (Ala. Jan. 10, 2025)

    In short, no error was committed in the dismissal of the petitioner's appeal."); Johnson v. Barnes, 250 Ala. 292, 292, 34 So.2d 144, 145 (1948)("There is no existing statutory authority for a direct appeal to this Court from an order of the probate court granting or refusing an application to condemn lands. The appeal is to the circuit court.");

  3. Ex Parte City of Irondale

    686 So. 2d 1127 (Ala. 1996)   Cited 14 times
    Stating that Rule 4, Ala. R.App. P., which allows for holding an appeal in abeyance, applies only to appeals to the Supreme Court, the Court of Civil Appeals, and the Court of Criminal Appeals and does not apply to appeals from the probate court to the circuit court

    "Appeals are of statutory origin, and, unless so provided, no appeal will lie. Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144 (1948). . . . "Section 18-1-20 [now § 18-1A-283], Code of Alabama 1975 is the only provision in the Code authorizing appeals from condemnation orders entered by probate courts.

  4. State v. Pettis

    275 Ala. 450 (Ala. 1963)   Cited 17 times

    In condemnation proceedings in probate court, an appeal must be filed within thirty days from the making of the order of condemnation, and said statutory thirty day period is not enlarged or extended by any provision in said order making the same effective upon payment of damages or compensation. Code 1940, Tit. 19, §§ 16, 17; State ex rel. City of Mobile v. Williams, 222 Ala. 274, 132 So. 321; Alabama Midland Ry. Co. v. Newton, 94 Ala. 443, 10 So. 89; State v. Carter, 267 Ala. 347, 101 So.2d 550; Jefferson County v. Birmingham, 217 Ala. 268, 115 So. 422, 423; Opinion of the Justices, 259 Ala. 524, 67 So.2d 417; Jefferson County v. Adwell, 267 Ala. 544, 103 So.2d 143. Appeals are of statutory origin and must be perfected as provided by statute in order for the court to acquire jurisdiction. Stanton v. Monroe County, 261 Ala. 61, 72 So.2d 854; Harris v. Mobile Housing Board, 267 Ala. 147, 100 So.2d 719; Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144; State v. King, 271 Ala. 16, 122 So.2d 158. HARWOOD, Justice.

  5. Tarvin v. Tarvin

    95 So. 2d 397 (Ala. 1957)   Cited 12 times

    The right to appeal is purely statutory, and an appeal taken without statutory authority must be dismissed for want of jurisdiction. American Life Ins. Co. v. Powell, 259 Ala. 70, 65 So.2d 516; Clary v. Cassels, 258 Ala. 183, 61 So.2d 692; Skinner v. Phillips, 257 Ala. 138, 57 So.2d 515; McGregor v. McGregor, 250 Ala. 662, 35 So.2d 685; Sicard v. Ingalls, 250 Ala. 585, 35 So.2d 342; Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144, 145; Devane v. Smith, 216 Ala. 177, 112 So. 837; Nelson v. Cornelius, 208 Ala. 688, 95 So. 170; Coker v. Fountain, 200 Ala. 95, 75 So. 471; 4 C.J.S. Appeal and Error § 18, p. 81. We find no statutory authority to support the appeal in this case; hence, we have no alternative but to dismiss it.

  6. Alabama Public Service Commission v. McGill

    260 Ala. 361 (Ala. 1954)   Cited 12 times

    A motion to dismiss the appeal is not insisted on, but if the decree of the circuit court is not appealable we must dismiss the appeal without a motion. Herren v. Beck, 231 Ala. 328, 164 So. 904; Holland v. Dwight Mfg. Co., 231 Ala. 506, 165 So. 756; Boozer v. Boozer, 245 Ala. 264, 16 So.2d 863; Petcher v. Nelson, 247 Ala. 301, 24 So.2d 129; Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144; Ramsey v. Wilkins, 253 Ala. 614, 46 So.2d 407. A judgment or decree void for want of jurisdiction is not appealable. Boozer v. Boozer, supra; Craig v. Root, 247 Ala. 479, 25 So.2d 147; Gibson v. Edwards, 245 Ala. 334, 16 So.2d 865; Osbourn v. LoBue, 256 Ala. 121, 53 So.2d 610. The circuit court sitting as a court of review in the exercise of its special statutory and limited jurisdiction was without jurisdiction unless the record showed on its face that the case is one where that court has authority to act.

  7. American Life Ins. Co. v. Powell

    65 So. 2d 516 (Ala. 1953)   Cited 14 times

    " 4 C.J.S., Appeal and Error, § 18. It has been stated by this court that "Appeals are of statutory origin and, unless so provided, no appeal will lie." Clary v. Cassels, 258 Ala.Sup. 183, 61 So.2d 692, 697; Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144, 145. There is no provision for appeal in the statutes authorizing the perpetuation of testimony.

  8. Clary v. Cassels

    258 Ala. 183 (Ala. 1952)   Cited 25 times
    Holding that the term “security for costs” in § 12–12–70 “means that security is required for all of the costs of appeal, including those incurred in the district court and not just the costs in the circuit court”

    "Appeals are of statutory origin and, unless so provided, no appeal will lie." Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144, 145. The remedy by appeal "was entirely unknown to the common law. Consequently, the remedy by appeal in actions at law and in equity is purely of constitutional or statutory origin, and exists only when given by some constitutional or statutory provision, and the courts have no inherent authority with respect thereto.

  9. Landrum v. State

    941 So. 2d 1013 (Ala. Crim. App. 2006)

    However, the Alabama Court of Civil Appeals in McCoy v. Garten, 384 So.2d 1113, 1114-15 (Ala.Civ.App. 1980), has stated the following concerning a premature notice of appeal: "`Appeals are of statutory origin, and, unless so provided, no appeal will lie. Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144 (1948). . . . "`Section 18-1-20, Code of Alabama 1975 is the only provision in the Code authorizing appeals from condemnation orders entered by probate courts.

  10. State v. Wilson

    961 So. 2d 907 (Ala. Crim. App. 2005)   Cited 3 times

    However, the Alabama Court of Civil Appeals in McCoy v. Garren, 384 So.2d 1113, 1114-15 (Ala.Civ.App. 1980), has stated the following concerning a premature notice of appeal: "`Appeals are of statutory origin, and, unless so provided, no appeal will lie. Johnson v. Barnes, 250 Ala. 292, 34 So.2d 144 (1948). . . . "`Section 18-1-20, Code of Alabama 1975 is the only provision in the Code authorizing appeals from condemnation orders entered by probate courts.