Irwin v. Weil, 8 Div. 441.
| Decision Date | 01 March 1934 |
| Docket Number | 8 Div. 441. |
| Citation | 228 Ala. 489,153 So. 746 |
| Parties | IRWIN v. WEIL et al. |
| Court | Alabama Supreme Court |
Rehearing Denied April 12, 1934.
Appeal from Circuit Court, Morgan County; James E. Horton, Judge.
Action of assumpsit by Isadore Weil and others, partners doing business as Weil Brothers, against Zoe L. Irwin, as administratrix of the estate of S.W. Irwin, deceased. From a judgment for plaintiffs, defendant appeals.
Appeal dismissed.
Lynne & Lynne, of Decatur, for appellant.
Julian Harris and A. J. Harris, both of Decatur, for appellees.
The trial was had by the court without a jury, and judgment rendered for plaintiffs.
It may be said that the judgment was rendered on June 9, 1931; the appeal was taken, and security for costs given and approved on May 11, 1932; and the question of jurisdiction to entertain the appeal is presented. Section 6127, Code; Colbert County v. Tennessee Valley Bank, 225 Ala. 632, 144 So. 803; Hildebrand v. First Nat. Bank of Fairfield, 221 Ala. 216, 128 So. 219; Collins Paving Co. v. Holseapple, 221 Ala. 308, 128 So. 599; Thompson v. State ex rel. Reeves, 216 Ala. 348, 113 So. 296; City of Troy v. Murphree, 214 Ala. 118, 107 So. 83.
The appeal, taken after the time prescribed by statute, will be dismissed ex mero motu, because this court is without jurisdiction to consider same. Snider v. Funderburk, 209 Ala. 663, 96 So. 928; Boshell v. Phillips, 207 Ala. 628, 93 So. 576; Bickley v. Hays, 183 Ala. 506, 62 So. 767.
Appeal dismissed.
To continue reading
Request your trial
-
Williams v. Knight, 8 Div. 731
... ... 857; ... Colbert County v. Tennessee Valley Bank, 225 Ala ... 632, 144 So. 803; Irwin v. Weil et al., 228 Ala ... 489, 153 So. 746; Boshell v. Phillips, 207 Ala. 628, ... 93 So. 576; ... ...
-
Gray v. State ex rel. Atty. Gen.
...v. Knight, 233 Ala. 42, 169 So. 871; or ex mero motu, because this court is without jurisdiction to consider the appeal. Irwin v. Weil, 228 Ala. 489, 153 So. 746; Snider v. Funderburk, 209 Ala. 663, 96 So. 928; Boshell v. Phillips, 207 Ala. 628, 93 So. That brings us to the question of when......
-
Ex parte Biddle, 8 Div. 661
...of six months from the time when the appealable judgment was rendered, the appeal should have been dismissed ex mero motu. Irwin v. Weil, 228 Ala. 489, 153 So. 746; section 488, Title 7, Code. This Court did not refer to the question of whether it had jurisdiction on that account, but treat......
-
Meeks v. State Farm Mut. Auto. Ins. Co., 6 Div. 812
...v. Sugg, 210 Ala. 142, 97 So. 216; Walden v. Leach, 201 Ala. 475, 78 So. 381; Williams v. Knight, 233 Ala. 42, 169 So. 871; Irwin v. Weil, 228 Ala. 489, 153 So. 746. There is no distinction between being one day late and being 'too late.'--Nettles v. Nettles, 283 Ala. 457, 218 So.2d 269; De......