Matthews v. Donald

Supreme Court of Alabama

Decided September 15, 1955

Supreme Court of Alabama · decided 1955-09-15

Relies on City of Birmingham v. Hawkins · Sherrod v. McGruder · Southern Railway Co. v. Irvin

Good law ✅— No negative treatment on recordhow we know

Decided 1955-09-15

How this case has been cited

Cited by 12 later decisions — most recently August 1979

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Rehearing

LAWSON, Justice.

¶2The holding in Sherrod v. McGruder, 209 Ala. 260, 96 So. 78, to the effect that this court will ex mero motu dismiss an appeal where there has not been a compliance with the provisions now codified as § 804, Title 7, Code 1940, has been consistently followed and we are unwilling to depart from that holding expressed in 1923, although it may not be in conformity with expressions contained in the cases of City of Birmingham v. Hawkins, 196 Ala. 127, 72 So. 25, and Southern Railway Co. v. Irvin, 191 Ala. 622, 68 So. 139.

¶3Application for rehearing overruled.

LIVINGSTON, C. J., and STAKELY and MERRILL, JJ., concur.