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151 Ala. 573

Central Trust Co. v. Greene

Supreme Court of Alabama

Decided July 2, 1907

Supreme Court of Alabama · decided 1907-07-02

Aittoal from Birmingham City Court. Heard before Hon. Charles A. Senn. Mandamus on the relation of the Central Trust Co. of New York against Samuel E. Greene, judge of prohate, to compel the said judge to record a mortgage upon the tender of the proper record fee. The judge declined unless the tender was also accompanied by the mortgage franchise tax of fifteen cents per hundred dollars.

Appeal dismissed · Decided 1907-07-02

DENSON, J.

¶1From final judgments in mandamus proceeding's the statute prescribes that appeals shall be *574taken within thirty clays after judgment is rendered.— Code, § 2827.

¶2The judgment appealed from in this ease was rendered on the 21st day of November, 1906, and the appeal was taken on the 24th day of January, 1907. The point made by the appellee that the appeal is too late must be sustained.

¶3Appeal dismissed.

Tyson, C. J., and Haralson and Simpson, JJ., concur.
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