Wallace v. W. B. Folmar & Sons

Supreme Court of Alabama

Wallace v. W. B. Folmar & Sons

110 So. 402, 215 Ala. 246, 1926 Ala. LEXIS 431

CourtSupreme Court of Alabama

DecidedJune 10, 1926

Docket4 Div. 284.

StatusPublished

Cited by2 cases

This text of 110 So. 402 (Wallace v. W. B. Folmar & Sons) 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

Wallace v. W. B. Folmar & Sons, 110 So. 402, 215 Ala. 246, 1926 Ala. LEXIS 431 (Ala. 1926).

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Opinions

An appeal must be taken within six months from the date of the judgment, and, if taken later, the appellate court does not acquire jurisdiction to entertain same. Section 6127 of the Code of 1923; Rowell v. State, 166 Ala. 44, 52 So. 310; Dennis v. Currie, 142 Ala. 637, 38 So. 802. The judgment in this case was rendered February 3, 1925, and the appeal bond was not filed until November 9, 1925, more than six months thereafter. True, the bond purports to be dated as of April 4th, but it did not become effective as for the purpose of taking the appeal until filed with the clerk.

The appeal is dismissed.

Appeal dismissed.

ANDERSON, C. J., and SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.

On Rehearing.

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An appeal must be taken within six months from the date of the judgment, and, if taken later, the appellate court does not acquire jurisdiction to entertain same. Section 6127 of the Code of 1923; Rowell v. State, 166 Ala. 44, 52 So. 310; Dennis v. Currie, 142 Ala. 637, 38 So. 802. The judgment in this case was rendered February 3, 1925, and the appeal bond was not filed until November 9, 1925, more than six months thereafter. True, the bond purports to be dated as of April 4th, but it did not become effective as for the purpose of taking the appeal until filed with the clerk.

The appeal is dismissed.

Appeal dismissed.

ANDERSON, C. J., and SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.

On Rehearing.

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Bluebook (online)

110 So. 402, 215 Ala. 246, 1926 Ala. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-w-b-folmar-sons-ala-1926.

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