Burdine v. Mustin

Supreme Court of Alabama

Burdine v. Mustin

33 Ala. 634

CourtSupreme Court of Alabama

DecidedJanuary 15, 1859

StatusPublished

Cited by1 cases

This text of 33 Ala. 634 (Burdine v. Mustin) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burdine v. Mustin, 33 Ala. 634 (Ala. 1859).

Pincite

Opinion

R. W. WALKER, J.—

The fact that an attorney has filed a brief, in which he discusses the merits of the case, and, at the same time, insists that the appeal ought to be dismissed, as not having been properly taken, cannot be considered as equivalent to a joinder in error, or as a waiver of defects in the appeal bond.

[2.] The appeal in this case falls completely within the rule settled in Dumas v. Hunter, 28 Ala. 688; and, upon the authority of that case, must be dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

R. W. WALKER, J.—

The fact that an attorney has filed a brief, in which he discusses the merits of the case, and, at the same time, insists that the appeal ought to be dismissed, as not having been properly taken, cannot be considered as equivalent to a joinder in error, or as a waiver of defects in the appeal bond.

[2.] The appeal in this case falls completely within the rule settled in Dumas v. Hunter, 28 Ala. 688; and, upon the authority of that case, must be dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

33 Ala. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burdine-v-mustin-ala-1859.

Opinion

R. W. WALKER, J.—

Related

Cite This Page — Counsel Stack