Phalen v. Fort

Supreme Court of Alabama

Phalen v. Fort

95 So. 2d 401, 266 Ala. 213, 1957 Ala. LEXIS 428

CourtSupreme Court of Alabama

DecidedMay 23, 1957

Docket1 Div. 716

StatusPublished

Cited by9 cases

This text of 95 So. 2d 401 (Phalen v. Fort) 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

Phalen v. Fort, 95 So. 2d 401, 266 Ala. 213, 1957 Ala. LEXIS 428 (Ala. 1957).

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Opinion

LAWSON, Justice.

This is an appeal from a final decree of the circuit court of Mobile County, in equity.

The transcript was filed in this court on March 25, 1957. Under Rule 12 of the Revised Rules of this court, Code 1940, Tit. 7, Appendix (261 Ala. XXIV), the appellant is required to file his brief “with the clerk of this court within thirty days after the transcript of the record has been filed in this court” unless this court or a justice thereof extend the time within which the brief may be filed, such extension to be not more than fifteen days.'

Based on a request of counsel for appellant, the Chief Justice extended the time for the filing of appellant’s brief in this case “until and including May 6, 1957.” The appellant having failed to file his brief within the time allowed by the order of the [214]*214Chief Justice, we have no alternative but to dismiss the appeal. Dwight Employees’ Ass’n v. Southern, 264 Ala. 695, 85 So.2d 906; Hogan v. Farmers & Ginners Cotton Oil Co., 264 Ala. 697, 85 So.2d 906; Gamble v. Lapsley, 265 Ala. 695, 90 So.2d 926; Miller v. Wood, 265 Ala. 698, 90 So.2d 927.

Although the appeal must be dismissed, we feel that it would be proper in view of the public interest in the single issue involved in this case to observe that we are in accord with the decree of the trial court upholding the constitutionality of Act No. 14, approved March 23, 1955, Acts 1955, pp. 123-124. See Duke v. State, 264 Ala. 624, 89 So.2d 102, and Craig v. Root, 247 Ala. 479, 25 So.2d 147, where we adverted to the merits of the case although the appeal had to be dismissed.

Appeal dismissed.

STAKELY, GOODWYN and MERRILL, JJ., concur.

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LAWSON, Justice.

This is an appeal from a final decree of the circuit court of Mobile County, in equity.

The transcript was filed in this court on March 25, 1957. Under Rule 12 of the Revised Rules of this court, Code 1940, Tit. 7, Appendix (261 Ala. XXIV), the appellant is required to file his brief “with the clerk of this court within thirty days after the transcript of the record has been filed in this court” unless this court or a justice thereof extend the time within which the brief may be filed, such extension to be not more than fifteen days.'

Based on a request of counsel for appellant, the Chief Justice extended the time for the filing of appellant’s brief in this case “until and including May 6, 1957.” The appellant having failed to file his brief within the time allowed by the order of the [214]*214Chief Justice, we have no alternative but to dismiss the appeal. Dwight Employees’ Ass’n v. Southern, 264 Ala. 695, 85 So.2d 906; Hogan v. Farmers & Ginners Cotton Oil Co., 264 Ala. 697, 85 So.2d 906; Gamble v. Lapsley, 265 Ala. 695, 90 So.2d 926; Miller v. Wood, 265 Ala. 698, 90 So.2d 927.

Although the appeal must be dismissed, we feel that it would be proper in view of the public interest in the single issue involved in this case to observe that we are in accord with the decree of the trial court upholding the constitutionality of Act No. 14, approved March 23, 1955, Acts 1955, pp. 123-124. See Duke v. State, 264 Ala. 624, 89 So.2d 102, and Craig v. Root, 247 Ala. 479, 25 So.2d 147, where we adverted to the merits of the case although the appeal had to be dismissed.

Appeal dismissed.

STAKELY, GOODWYN and MERRILL, JJ., concur.

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Bluebook (online)

95 So. 2d 401, 266 Ala. 213, 1957 Ala. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phalen-v-fort-ala-1957.

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