Black v. State ex rel. Johnson
| Decision Date | 28 May 1959 |
| Docket Number | 8 Div. 961 |
| Citation | 112 So.2d 792,269 Ala. 269 |
| Parties | John Thomas BLACK v. STATE of Alabama ex rel. George C. JOHNSON, Solicitor, et al. |
| Court | Alabama Supreme Court |
W. L. Chenault, Decatur, for appellant.
John Patterson, Atty. Gen., and Jerry L. Coe, Asst. Atty. Gen., for appellee.
The defendant appeals from a proceeding instituted by the State on relation of Honorable George C. Johnson as Solicitor of the 8th Judicial Circuit, and Honorable Ralph E. Tate, Solicitor of the Morgan County Court of Morgan County, wherein a decree of condemnation of the appellant's automobile was rendered by the Circuit Court in Equity of Morgan County. A threshold question must dispose of the appeal. The State has filed a motion to dismiss the appeal because (1) The assignments of error were not served on the Attorney General who represents the State in this appellate proceeding, and (2) The brief of appellant was not filed in this Court within 30 days after the transcript of the record had been filed. Both points are well taken.
It is essential that the Attorney General be served with a copy of the assignments of error when the State is a party on appeal. Rule 1, Revised Rules of the Supreme Court, Code 1940, Tit. 7 Appendix; Thompson v. State ex rel. Borders, 268 Ala. 483, 107 So.2d 890, and cases cited.
Likewise, in all civil appeals, the appellant must file the briefs with the clerk of the appellate court within 30 days after the transcript of the record has been filed and upon failure to so file, the appeal must be dismissed or the case affirmed. Rule 12, Revised Rules of the Supreme Court; Ex parte N.A.A.C.P. (N.A.A.C.P. v. Jones), 268 Ala. 504, 109 So.2d 140; Tipton v. Tipton, 267 Ala. 64, 100 So.2d 14; Phalen v. Fort, 266 Ala. 213, 95 So.2d 401; Miller v. Wood, 265 Ala. 698, 90 So.2d 927; Gamble v. Lapsley, 265 Ala. 695, 90 So.2d 926.
Appeal dismissed.
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National Ass'n for Advancement of Colored People v. State
...upon the assignments of error. Farrior v. Stagg, Ala., 44 So. 541; Terry v. Schaeffer, 239 Ala. 264, 194 So. 502; Black v. State ex rel. Johnson, 269 Ala. 269, 112 So.2d 792. In Bransford v. Glennon, 216 Ala. 72, 112 So. 341, we 'The brief here presented is too radically deficient to be con......
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...137 So.2d 740; Board of Commissioners of City of Montgomery v. Crenshaw, 270 Ala. 598, 599--600, 120 So.2d 870; Black v. State ex rel. Johnson, 269 Ala. 269, 112 So.2d 792; Waterall v. Waterall, 268 Ala. 594, 109 So.2d 675; Tipton v. Tipton, 267 Ala. 64, 65--66, 100 So.2d Motion to dismiss ......
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Agricola v. Wimberly & Thomas Hardware Co., 7 Div. 626
...transcript of the record has been filed, and upon failure to so file the appeal must be dismissed or the case affirmed. Black v. State, 269 Ala. 269, 112 So.2d 792; Modlin v. Modlin, 268 Ala. 618, 109 So.2d 716; Waterall v. Waterall, 268 Ala. 594, 109 So.2d 675; Ex parte National Ass'n for ......
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Muncy v. General Inv. Co., 6 Div. 476
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