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Supreme Court of Alabama, 1928

Stough v. New York Life Ins. Co.

Stough v. New York Life Ins. Co.
Supreme Court of Alabama · Decided January 19, 1928 · No. 3 Div. 817. · Anderson, Sayre, Gardner, Bouldin
115 So. 155; 217 Ala. 192; 1928 Ala. LEXIS 408 (Southern Reporter)
Stough v. New York Life Ins. Co.

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Opinion of the Court

PER CURIAM.

The appeal is from a decree overruling defendant’s demurrer to the bill. The decree was rendered and filed June 24, 1927, and the appeal taken August 1, 1927, as shown by security for costs that day filed and approved, and also as appears from the certificate of the register. The appeal was not taken within 30 days from the, rendition of the decree, as required by section 6079 of the Code of 1923, and must be dismissed. The question is a jurisdictional one, as settled by numerous decisions of this court. Boshell v. Phillips, 207 Ala. 628, 93 So. 576; Snider v. Funderburk, 209 Ala. 663, 96 So. 928.

Appeal dismissed.

ANDERSON, C. J., and SAYRE, GARDNER, and BOULDIN, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.