Todd v. Devaney

Supreme Court of Alabama

Todd v. Devaney

88 So. 2d 696, 264 Ala. 615, 1956 Ala. LEXIS 405

CourtSupreme Court of Alabama

DecidedJune 14, 1956

Docket8 Div. 835

StatusPublished

Cited by2 cases

This text of 88 So. 2d 696 (Todd v. Devaney) 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.

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Todd v. Devaney, 88 So. 2d 696, 264 Ala. 615, 1956 Ala. LEXIS 405 (Ala. 1956).

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Opinion

SIMPSON, Justice.

Submitted on motion and merit.

The appellee’s motion to dismiss the appeal is meritorious, so the case will not be considered on it’s merit.

The appeal was taken July 19, 1955, and the transcript was not filed in this court until December 6, 1955, no extension of time for filing the same having been granted. Under Supreme Court Rules, Rule 37, Code 1940, Tit. 7 Appendix, the transcript should have been filed with the Clerk of this court within sixty days of the taking of the appeal.

The appellant also has failed to assign errors as required by Supreme Court Rule No. 1.

Both points are well taken in the motion to dismiss, and the motion must be granted.

Appeal dismissed.

LIVINGSTON, C. J., and GOODWYN and SPANN, JJ., concur.

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