Jones v. Kendrick Realty Co., 4 Div. 395
Decision Date | 29 October 1970 |
Docket Number | 4 Div. 395 |
Citation | 241 So.2d 107,286 Ala. 435 |
Parties | Marion J. JONES, Jr., et ux. v. KENDRICK REALTY COMPANY, a Corporation. |
Court | Alabama Supreme Court |
Marion J. Jones, Jr., pro se.
J. Pelham Ferrell, Phenix City, for appellee.
This appeal is from a final decree of the Circuit Court of Russell County, dated March 27, 1970.
Appellants, on March 31, 1970, filed with the Register of the court security for costs with surety. The security was not marked approved by the Register, but the filing was sufficient approval. Williams, Adm'r, v. McConico, 25 Ala. 538; General Assembly, etc., v. Patterson, 256 Ala. 50, 53 So.2d 621, and cases cited. When the security for costs was filed, the appeal was perfected. Brown v. Oliver, 272 Ala. 265, 130 So.2d 334; Wade v. Town of Helena, 270 Ala. 718, 121 So.2d 896; Title 7, Sec. 792, Code 1940, Recompiled in 1958.
Appellee moves this Court to dismiss the appeal for failure of appellants to file the transcript within sixty days subsequent to the taking of the appeal by appellants. It appears that the transcript was filed here on June 15, 1970. This was more than sixty days after the appeal was taken on March 31, 1970. No motion was here made or in the trial court for an extension of time for such filing.
Title 7, Sec. 769, Code 1940, Recompiled in 1958, provides that in equity cases the appellant shall file the transcript within sixty days from the date of taking the appeal.
Revised Rule 37 of this Court, as amended, 263 Ala. XXI, reads:
(Emphasis supplied.)
We observed in State for Use of Russell County v. Fourth National Bank of Columbus, Georgia, 270 Ala. 135, 117 So.2d 145, as follows:
'In regard to appeals submitted in this court prior to June 1, 1955, the effective date of the revised rules of this court, we construed § 769, Title 7, Code 1940, as not requiring the dismissal of an appeal from a decree in equity where the transcript was not filed here within sixty days from the date of the taking of the appeal if the transcript was on file and the cause ready for submission on the merits at the first call of the division from which the appeal came. McCoy v. Wynn, 215 Ala. 172, 110 So. 129; Hinson v. Cook, 241 Ala. 70, 1 So.2d 33; Collins v. Thompson, 259 Ala. 82, 65 So.2d 491; Franks v. City of Jasper, 259 Ala. 641, 68 So.2d 306. Submissions on...
To continue reading
Request your trial-
Federal Deposit Ins. Corp. v. Equitable Life Assur. Soc. of U.S.
...of a good and sufficient surety for costs of appeal.--Ralston Purina Co. v. Pierce, 265 Ala. 365, 90 So.2d 922; Jones v. Kendrick Realty Co., 286 Ala. 435, 241 So.2d 107. The certificate of appeal was filed in this court on May 19, 1969. On the same day that the certificate of appeal was fi......
-
Aldridge v. Grund
...Federal Deposit Insurance Corp. v. Equitable Life Assurance Society of United States, 289 Ala. 192, 266 So.2d 752; Jones v. Kendrick Realty Co., 286 Ala. 435, 241 So.2d 107. The court reporter did not file the transcript of evidence with the Register in Chancery until November 21, 1973, and......
-
St. John v. State, 7 Div. 329
... ... days is normally required, Title 7, § 827(4), Recompiled Code 1958, but this period of time ... 917, 86 S.Ct. 909, 15 L.Ed.2d 671; Jones v. Kendrick Realty Company, 286 Ala. 435, 241 ... ...
-
Jones v. Murphy, 4 Div. 127
...obstructed execution of a foreclosure decree. The record before us refers to the record in our Supreme Court in Jones v. Kendrick Realty Company, 286 Ala. 435, 241 So.2d 107. However, we do not take judicial notice of another courts' records; Crossland v. First National Bank, 233 Ala. 432, ......