State v. Container Corp. of America

Decision Date04 April 1963
Docket Number3 Div. 936
Citation275 Ala. 40,151 So.2d 773
PartiesSTATE of Alabama v. CONTAINER CORPORATION OF AMERICA.
CourtAlabama Supreme Court

MacDonald Gallion, Atty. Gen., Guy Sparks, Sp. Asst. Atty. Gen., and Wm. H. Burton, Asst. Atty. Gen., for appellant.

Caffey, Gallalee & Caffey, Mobile, for appellee.

COLEMAN, Justice.

There is no organization of court appearing in the record. This court has held than an appeal must be dismissed where the record fails to show the organization of the court as required by Rule 24 of the Supreme Court. Code of Alabama 1940, Recompiled 1958, Title 7, Appendix; 261 Ala. XXVIII. This matter is jurisdictional and the court must take notice of it ex mero motu. Barnes v. Salter, 270 Ala. 110, 116 So.2d 748; Prince v. Hammock, 265 Ala. 255, 90 So.2d 672; Glenn v. Sutton, 265 Ala. 154, 90 So.2d 227; Powell v. Powell, 265 Ala. 48, 89 So.2d 530; West v. Camp, 264 Ala. 644, 89 So.2d 170; Reynolds v. Henson, 264 Ala. 435, 87 So.2d 856; McPherson v. Stallworth, 262 Ala. 367, 78 So.2d 924; Garrard v. State ex rel. Waid, 260 Ala. 486, 71 So.2d 59; Pensacola, A. & W. R. Co. v. Big Sandy Iron Co., 147 Ala. 274, 41 So. 418.

Appeal dismissed.

LIVINGSTON, C. J., and LAWSON and GOODWYN, JJ., concur.

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2 cases
  • Broyles v. Brown Engineering Co.
    • United States
    • Alabama Supreme Court
    • April 4, 1963
    ... ... The courts from state to state, and among the judges on a particular court, often disagree in ... ...
  • KB WEYGAND & ASSOC. v. DEERWOOD LAND CO.
    • United States
    • Alabama Supreme Court
    • April 20, 2001
    ... ... in Broyles was limited to the facts of that case and did not state any broad general rule. In fact, this Court 812 So.2d 1169 stated that a ... ...

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