Britton v. Bullen
| Decision Date | 05 November 1925 |
| Docket Number | 8 Div. 780 |
| Citation | 213 Ala. 659,106 So. 138 |
| Parties | BRITTON v. BULLEN. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Franklin County; Charles P. Almon, Judge.
Attachment suit by Ed Bullen against J.W. Britton. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Code 1923, § 7326. Affirmed.
Thos. J. Carey, of Haleyville, for appellant.
Travis Williams, of Russellville, for appellee.
The supersedeas and bill of exceptions in this cause were approved and the latter signed September 24, 1924. Eight months later the transcript was filed in the Court of Appeals. But this was six months after the time limited by law for the filing of the transcript (Code 1923, § 6107), and four days after appellee's motion to affirm had been submitted for decision. The court may for good cause shown extend the time for filing the transcript (Code, § 6103), and may excuse default. But appellant's affidavit offers no sufficient excuse for the great delay shown in this case. It is, generally, that counsel was busy in the various courts attended by him; but this by no means sufficiently accounts for the failure for eight months to file the transcript of the record in the Court of Appeals.
Appellee's motion to affirm must be granted.
To continue reading
Request your trial
-
Hamrick v. Town of Albertville, 8 Div. 404.
... ... 318, ... 35 So. 1006; Southern R. Co. v. Abraham Bros., 161 ... Ala. 317, 49 So. 801; Blair v. Rutherford, 207 Ala ... 709, 92 So. 919; Britton v. Bullen, 213 Ala. 659, ... 106 So. 138. The dismissal of an appeal by this court in such ... case-with the excuse for delay that is given-is ... ...
-
Spruiell v. Stanford
...by the appellant in order to invoke the exercise of the court's discretion. Parker v. Bedwell, 243 Ala. 221, 8 So.2d 893; Britton v. Bullen, 213 Ala. 659, 106 So. 138. See also Blair v. Thompson, 255 Ala. 613, 52 So.2d The motion to dismiss cannot prevail for two sufficient reasons. First, ......
-
Parker v. Bedwell
...results that there is no excuse for delay beyond the rule and the motion is granted. Appeal is dismissed on authority of Britton v. Bullen, 213 Ala. 659, 106 So. 138; 1940, T. 7, § 22; Code 1940, T. 7, §§ 769, 770; Code 1940, T. 7 Appendix, pp. 1019, 1020. The motion is granted and the appe......
-
State v. Barton, 6 Div. 285
...by the appellant in order to invoke the exercise of the court's discretion. Parker v. Bedwell, 243 Ala. 221, 8 So.2d 893; Britton v. Bullen, 213 Ala. 659, 106 So. 138. See also Blair v. Thompson, 255 Ala. 613, 52 So.2d This seems to sum up the situation here. No reply is made to the motion ......