Ex parte Jones
| Decision Date | 19 January 1928 |
| Docket Number | 3 Div. 821 |
| Citation | 217 Ala. 208,115 So. 301 |
| Parties | Ex parte JONES. |
| Court | Alabama Supreme Court |
Original petition by Mamie D. Jones for mandamus to John R. Matthews Register of the Circuit Court of Montgomery County, in Equity. Mandamus granted.
Arthur B. Chilton and Hill, Hill, Whiting, Thomas & Rives, all of Montgomery, for petitioner.
Ball & Ball, of Montgomery, opposed.
Petition in this court by Mamie D. Jones for mandamus directed to John R. Matthews, register of the circuit court of Montgomery county, in equity, requiring him to make and certify the transcript upon appeal to this court from a decree in consolidated causes Nos. 3486 and 3459, in the circuit court in equity.
The petition avers and the answer admits that a decree for the payment of money, $69,334.88, was rendered in favor of Frank Stollenwerck against petitioner, Mamie D. Jones, and Henry C Jones, her husband.
A proper statement was filed under Code, § 6101, subd. (a), for taking appeal when no security for costs is required, accompanied by affidavit setting forth that appellant is a married woman, and is unable to give security for costs of appeal, and desires to prosecute an appeal without security for costs, under Code, § 6138. Ex parte Brown, 213 Ala. 7, 105 So. 170.
The right of a married woman to prosecute an appeal from a decree, coming within the terms of section 6138, is matter of right, upon making the prescribed affidavit. No issue can be made upon the truth of the affidavit in dealing with such appeal. This has been the uniform construction of the statute.
That the decree for the payment of money was against petitioner and her husband jointly and severally does not defeat her right to appeal individually without joining her codefendant. This is expressly authorized, and the method of procedure with reference to the codefendant is provided for by Code, § 6143. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78.
If the decree also grants some relief from which an appeal does not lie without security for costs, this would not defeat her right to review the decree so far as thus appealable under the statute. Whether such other features of the decree may be assigned as error without security for costs is not now before us.
The jurisdiction of this court to grant mandamus in the premises is questioned. The argument is based upon the line of cases recognizing the jurisdiction of this court as appellate...
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Beatty v. McMillan
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Colbert County v. Tennessee Valley Bank
... ... payable to improper officers, and was permitted to be amended ... under the new section, section 6145 of the Code; Ex parte ... Canada Life Assur. Co., 217 Ala. 210, 115 So. 244, adverts ... with approval to the statute and observes that no appeal will ... be dismissed ... subject of suit to quiet title; Lea v. Phillips, 216 ... Ala. 35, 112 So. 323, sought to annul a mortgage; Ex parte ... Jones, 217 Ala. 208, 115 So. 301, for money payment; Ex parte ... Brown, 213 Ala. 7, 105 So. 170, an appeal from a money ... judgment. No attempt to ... ...
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Balls v. Crump, 4 Div. 586
...of damages for detention makes it a judgment for the payment of money within the meaning of § 799, Title 7, supra. Ex parte Jones, 217 Ala. 208, 115 So. 301; Ex parte Green, 239 Ala. 290, 194 So. 889. The motion to dismiss the appeal is The appellant urges that the trial court was in error ......
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Jones v. Stollenwerck
...against Frank Stollenwerck, with cross-bill by respondent. From the decree, complainants appeal. Modified and affirmed. See, also, 217 Ala. 208, 115 So. 301; 217 Ala. 200, 115 So. Arthur B. Chilton and Hill, Hill, Whiting, Thomas & Rives, all of Montgomery, for appellants. Ball & Ball, of M......