State ex rel. Roblee v. Baine

Supreme Court of Alabama

State ex rel. Roblee v. Baine

131 Ala. 176

CourtSupreme Court of Alabama

DecidedNovember 15, 1901

StatusPublished

Cited by1 cases

This text of 131 Ala. 176 (State ex rel. Roblee v. Baine) 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

State ex rel. Roblee v. Baine, 131 Ala. 176 (Ala. 1901).

Pincite

Opinion

DOWDELL, J.

Section 3137 of the Code of 1896 provides that in quo warranto proceedings an appeal may be taken to the Supx-eme Court within ten days after the judgment is rendered. In the present case tlxe appeal was not taken within the time prescribed, but long after the lapse of ten days from the rendition of [177]*177the judgment. Tlie time within which an appeal must be taken to this court, which is purely appellate, is of the essence of jurisdiction.

It follows that the appeal must be dismissed.

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DOWDELL, J.

Section 3137 of the Code of 1896 provides that in quo warranto proceedings an appeal may be taken to the Supx-eme Court within ten days after the judgment is rendered. In the present case tlxe appeal was not taken within the time prescribed, but long after the lapse of ten days from the rendition of [177]*177the judgment. Tlie time within which an appeal must be taken to this court, which is purely appellate, is of the essence of jurisdiction.

It follows that the appeal must be dismissed.

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Bluebook (online)

131 Ala. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-roblee-v-baine-ala-1901.

Opinion

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