Supreme Court of Alabama, 1859

Burdine v. Mustin

Supreme Court of Alabama · Decided January 15, 1859 · Walker

33 Ala. 634

Cases that cite this one

1 later published case cites this decision.

Pittman's Administrator v. Myrick (Fla. 1878)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

R. W. WALKER, J.—

The fact that an attorney has filed a brief, in which he discusses the merits of the case, and, at the same time, insists that the appeal ought to be dismissed, as not having been properly taken, cannot be considered as equivalent to a joinder in error, or as a waiver of defects in the appeal bond.

[2.] The appeal in this case falls completely within the rule settled in Dumas v. Hunter, 28 Ala. 688; and, upon the authority of that case, must be dismissed.

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