Sims v. Paeske

Supreme Court of Alabama

Sims v. Paeske

134 So. 660, 223 Ala. 41, 1931 Ala. LEXIS 99

CourtSupreme Court of Alabama

DecidedMay 14, 1931

Docket6 Div. 799.

StatusPublished

This text of 134 So. 660 (Sims v. Paeske) 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

Sims v. Paeske, 134 So. 660, 223 Ala. 41, 1931 Ala. LEXIS 99 (Ala. 1931).

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Opinion

BROWN, J.

The appellant on a final settlement of bis administratorship ad colligendum of J. H. Sims, deceased, in the probate court of Jefferson county, was charged with the sum of $2,350, drawn from his decedent’s account in the bank on a check signed by said decedent in blank, some time before his last illness, and was credited with certain sums paid out, and certain other credits claimed were denied, resulting in a decree against appellant for $693.76. On the trial he reserved a bill of exceptions, and from the decree he appealed to the circuit court, where the decree was affirmed on May 6, 1930.

The appeal in this case purports to have been taken on Friday, June 6, 1930, more than thirty days after the rendition of the decree of the circuit court affirming the decree of the probate court.

This court is therefore without jurisdiction to review the circuit court, and the appeal will be dismissed. Code 1923, § 6116; McKenzie v. Jensen, 200 Ala. 191, 75 So. 939.

Appeal dismissed,

ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.

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BROWN, J.

The appellant on a final settlement of bis administratorship ad colligendum of J. H. Sims, deceased, in the probate court of Jefferson county, was charged with the sum of $2,350, drawn from his decedent’s account in the bank on a check signed by said decedent in blank, some time before his last illness, and was credited with certain sums paid out, and certain other credits claimed were denied, resulting in a decree against appellant for $693.76. On the trial he reserved a bill of exceptions, and from the decree he appealed to the circuit court, where the decree was affirmed on May 6, 1930.

The appeal in this case purports to have been taken on Friday, June 6, 1930, more than thirty days after the rendition of the decree of the circuit court affirming the decree of the probate court.

This court is therefore without jurisdiction to review the circuit court, and the appeal will be dismissed. Code 1923, § 6116; McKenzie v. Jensen, 200 Ala. 191, 75 So. 939.

Appeal dismissed,

ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.

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Bluebook (online)

134 So. 660, 223 Ala. 41, 1931 Ala. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-paeske-ala-1931.

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