Hurley v. City of Troy

Alabama Court of Appeals

Hurley v. City of Troy

102 So. 242, 20 Ala. App. 382, 1924 Ala. App. LEXIS 353

CourtAlabama Court of Appeals

DecidedDecember 16, 1924

Docket4 Div. 969.

StatusPublished

This text of 102 So. 242 (Hurley v. City of Troy) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hurley v. City of Troy, 102 So. 242, 20 Ala. App. 382, 1924 Ala. App. LEXIS 353 (Ala. Ct. App. 1924).

Pincite

Opinion

SAMPORD, J.

The parties to this appeal make and file in this court an agreement that the judgment be reversed, and that judgment be entered here against appellant for $25, and costs in the court below.

Such judgment cannot be entered here.In the first place, if the judgment is reversed and the cause remanded, the cause would then be out of this court, and we would have no authority to enter a judgment against the appellant for a fine and costs.

In the next place, this court will not put the lower court in error by an agreement of counsel when no error appears. Boss Livery Co. v. Griffith, 17 Ala. App. 474, 85 So. 849.

However, parties to civil actions may by written agreement withdraw an appeal, in which ease the cause is returned to the lower court for proper disposition.

Taking the agreement on file to be a settlement between the parties, the cause is remanded to the circut court for such order as the parties may desire.

Cause is remanded.

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