Mabry v. Dickens

Supreme Court of Alabama

Mabry v. Dickens

31 Ala. 243

CourtSupreme Court of Alabama

DecidedJune 15, 1857

StatusPublished

Cited by8 cases

This text of 31 Ala. 243 (Mabry v. Dickens) 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

Mabry v. Dickens, 31 Ala. 243 (Ala. 1857).

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Opinion

STONE, J.

— In this case, no appeal has been taken to this court; nor has a final judgment been rendered in the court below, from which an appeal could be taken. "While the joinder in error may, under the authority of Thompson v. Lea, 28 Ala. 453, operate a waiver of the want of an appeal, the parties cannot waive a final judgment, and, by consent, give this court jurisdiction of the case. — Code, § 3016. Appeal dismissed.

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STONE, J.

— In this case, no appeal has been taken to this court; nor has a final judgment been rendered in the court below, from which an appeal could be taken. "While the joinder in error may, under the authority of Thompson v. Lea, 28 Ala. 453, operate a waiver of the want of an appeal, the parties cannot waive a final judgment, and, by consent, give this court jurisdiction of the case. — Code, § 3016. Appeal dismissed.

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Bluebook (online)

31 Ala. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mabry-v-dickens-ala-1857.

Opinion

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