Killam's Heirs v. Costley

Supreme Court of Alabama

Killam's Heirs v. Costley

52 Ala. 32

DecidedJanuary 15, 1875

StatusPublished

This text of 52 Ala. 32 (Killam's Heirs v. Costley) 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

Killam's Heirs v. Costley, 52 Ala. 32 (Ala. 1875).

Pincite

Opinion

BRICKELL, C. J.

The appellee, having joined in error, now moves that the appeal be dismissed, and the cause stricken from the docket, because there is not a certificate of appeal. The motion comes too late. When the record presents a case of which this court can take jurisdiction by appeal, a joinder in error is a waiver of the certificate of appeal, or of the security for costs, or of any defects therein. 1 Brick. Dig. 103, § 260.

The motion is overruled at the costs of the appellee.

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BRICKELL, C. J.

The appellee, having joined in error, now moves that the appeal be dismissed, and the cause stricken from the docket, because there is not a certificate of appeal. The motion comes too late. When the record presents a case of which this court can take jurisdiction by appeal, a joinder in error is a waiver of the certificate of appeal, or of the security for costs, or of any defects therein. 1 Brick. Dig. 103, § 260.

The motion is overruled at the costs of the appellee.

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Bluebook (online)

52 Ala. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/killams-heirs-v-costley-ala-1875.