Hodnett v. Blankenship
| Decision Date | 13 June 1907 |
| Parties | HODNETT v. BLANKENSHIP. |
| Court | Alabama Supreme Court |
Appeal from Chancery Court, Coosa County; W. W. Whiteside, Chancellor.
Action between Mattie W. Hodnett and W. M. Blankenship. From a judgment in favor of the latter, the former appeals. Affirmed.
Mark D. Brainard and Felix L. Smith, for appellant.
James W. Strother and Lackey & Bridges, for appellee.
The appeal in this case is prosecuted from a decree rendered on the 5th day of December, 1906. It appears from the record that a final decree was rendered in the cause on the 6th day of June, 1905, in which the rights and equities of the parties were settled. More than 12 months elapsed from the rendition of this decree to the suing out of the appeal. The decree appealed from was but the carrying into execution the former decree. The appeal having been sued out after the expiration of 12 months from the rendition of the decree, neither the decree itself, nor any interlocutory order or decree rendered prior thereto, can be reviewed. Garry & Welpin v. Jenkins, Moore & Co., 109 Ala. 471, 20 So. 8; Woodruff v. Smith, 127 Ala. 65, 28 So. 736; Alexander v. Bates, 127 Ala. 342, 28 So. 415; Etowah Mining Co. v. Wills Valley Co., 121 Ala. 672, 25 So. 720; Kirkland v. Mills, 138 Ala. 192, 35 So. 40.
It follows that the decree appealed from, since it does nothing more than to carry into execution the former decree, in which all questions insisted on by the appellant were settled between the parties, must be affirmed.
Affirmed.
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Burgin v. Sugg
...April, 1892, it was barred at the time taken, and cannot now be reviewed." Dickens v. Dickens, 174 Ala. 345, 353, 56 So. 809. In Hodnett v. Blankenship, supra, Mr. Justice Dowdell "The appeal in this case is prosecuted from a decree rendered on the 5th day of December, 1906. It appears from......
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