Blackburn v. Huber Mfg. Co.
| Decision Date | 18 December 1902 |
| Citation | 33 So. 160,135 Ala. 598 |
| Parties | BLACKBURN v. HUBER MFG. CO. |
| Court | Alabama Supreme Court |
Appeal from chancery court, Madison county; W. H. Simpson, Chancellor.
Bill by the Huber Manufacturing Company against W. D. Blackburn. From a decree overruling a demurrer to the bill, defendant appeals. Dismissed.
King & Bankhead, for appellant.
Burke & Smith, for appellee.
This appeal is prosecuted from a decree overruling a demurrer to a bill in equity. Authority for such an appeal is found alone in section 427 of the Code. Under the provisions of that section the time allowed for its prosecution is 30 days after the rendition of the decree, and, if taken after the expiration of the 30 days, this court is without jurisdiction to entertain it. Lide v. Park, 31 So. 360. The decree was rendered on the 17th day of March, and the appeal was taken on the 17th day of April following,--one day too late.
The appeal must be dismissed.
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IMAGE MARKETING v. FLORENCE TELEVISION
...one day late and being `too late.'" Nettles v. Nettles, 283 Ala. 457, 459, 218 So.2d 269, 270 (1969). See also Blackburn v. Huber Mfg. Co., 135 Ala. 598, 33 So. 160 (1902)(appeal denied for being one day too late); Holmes v. Powell, 363 So.2d 760 (Ala.1978)(motion to dismiss appeal granted ......
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... ... Dennis v ... Currie, 142 Ala. 637, 38 So. 802; Blackburn v. H ... Mfg. Co., 135 Ala. 598, 33 So. 160; Lide v ... Park, 132 Ala. 222, 31 So. 360 ... ...
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Holt v. City of Birmingham, 6 Div. 397.
... ... the appeal was not taken within thirty days as required by ... the statute. Blackburn v. Huber Manufacturing Co., ... 135 Ala. 598, 33 So. 160; Lide v. Park, 132 Ala ... 222, 31 So ... ...
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Scholes v. Kibbe
... ... timely appeal is a jurisdictional fact (Minge v ... Smith, 206 Ala. 330, 89 So. 473; Blackburn v. Huber ... Mfg. Co., 135 Ala. 598, 33 So. 160), and will be taken ... by the court ex mero motu ... ...