Cross v. Willis, 4 Div. 422.
Decision Date | 30 June 1938 |
Docket Number | 4 Div. 422. |
Citation | 182 So. 480,28 Ala.App. 271 |
Parties | CROSS v. WILLIS. |
Court | Alabama Court of Appeals |
Appeal from Circuit Court, Russell County; J. S. Williams, Judge.
Habeas corpus proceeding by J. C. Cross, petitioner, against Mrs. W H. Willis, respondent. From a decree for petitioner respondent appeals, and petitioner moves to dismiss.
Appeal dismissed.
Roy L Smith, of Phenix City, for appellant.
J. B. Hicks, of Phenix City, for appellee.
It appears from the "Certificate of Appeal" filed in this proceeding, in this court, on March 24, 1938, that this is a habeas corpus proceeding for the custody of a minor child, and that the cause was tried and determined below on the 17th day of March 1938, and a decree rendered in favor of petitioner awarding the minor child to him. Further, that respondent took an appeal from said decree, or judgment, on the 23rd day of March 1938, to this court.
This court is vested with jurisdiction in causes of this character. Montgomery v. Hughes et al., 4 Ala.App. 245, 58 So. 113; Phelps v. McLeod, 17 Ala.App. 480, 86 So. 150.
The requirements and provisions of Section 3238 of the Code 1923, Acts of Alabama Extra Session 1936, p. 81, not having been complied with, the appellee, on May 17, 1938, filed in this court a motion to dismiss this appeal, said motion being in words and figures as follows:
The facts upon which the foregoing motion is predicated appear ample in...
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Herrmann v. Robinson, 1 Div. 151
...We note the following cases: McTyre v. State, 258 Ala. 637, 64 So.2d 601; Glenn v. Glenn, 21 Ala.App. 148, 106 So. 226; Cross v. Willis, 28 Ala.App. 271, 182 So. 480; Downs v. Norris, 32 Ala.App. 381, 26 So.2d 418; Thomas v. State, 34 Ala.App. 160, 37 So.2d 245; State v. Patton, 36 Ala.App.......
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Phillips v. State, 3 Div. 52
...657, 43 So.2d 321; Callahan v. State, 33 Ala.App. 362, 33 So.2d 743; Downs v. Norris, 32 Ala.App. 381, 26 So.2d 418; Cross v. Willis, 28 Ala.App. 271, 182 So. 480. From the record it appears that the provisions of the statute have not been complied with, and the delay must be attributed to ......
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Summers v. State
...15 So.2d 500 31 Ala.App. 264 SUMMERS v. STATE. 3 Div. 858.Alabama Court of AppealsJune 22, 1943 ... On ... October 4, 1938, appellant was convicted of grand larceny and ... Glenn, 21 Ala.App. 148, 106 So. 226; Cross v ... Willis, 28 Ala.App. 271, 182 So. 480; Hurd v ... ...
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Thomas v. State, 6 Div. 714.
... ... See also, Kitonis v. State, ... Ala.App., 34 So.2d 870; Cross v. Willis, 28 ... Ala.App. 271, 182 So. 480; Downs v. Norris, 32 ... ...