Gardner v. Ingram

Decided December 15, 1886

Supreme Court of Alabama · decided 1886-12-15

Tried before the Hon. Lerox F. Box. The appellee in this case, John B. Ingram, obtained a judgment before a justice of the peace against S. A. Smith, on which an execution was issued, and placed in the hands of F. M. Gardner, the appellant, as constable, to be executed. The execution was levied by the constable, and a forthcoming bond taken for the property.

Cited by 2 later decisions — most recently December 1912

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-15

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CLOPTON, J.

¶1— The appeal is taken from tines' final judgment of the Circuit Court awarding a mandamus, in a proceeding under the act of February 12,1879. — Acts 1878-79. The third section of the act, which authorizes an appeal from the final judgment in such proceedings, provides : “ Every such appeal must be taken within thirty days after such final judgment is rendered, and not after that time.” The statute is imperative, and admits no excuse nor exception; and we are not authorized to regard any. More than thirty days from the rendition of the judgment elapsed before the appeal was taken. The motion to dismiss must be granted.

¶2Appeal dismissed.