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Mabry v. Dickens

Mabry v. Dickens, 31 Ala. 243 (1857)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
June 15, 1857
Judges
Stone
Citations
31 Ala. 243
Cited by 8
Headnotes
[motion to dismiss suit fob want of secukity fob costs.] 1. When appeal lien. — An appeal does not lie from an order of tlio circuit court, overruling a motion to dismiss the suit for want of security for costs. 2. Jurisdiction by consent. — Consent of parties, express or implied, cannot confer on the appellate court jurisdiction of a cause in which there is no final judgment to support the appeal.
Summary
Erom the the Circuit Court of Barbour. Tried before the Hon. S. D. Hale. Isr this case, as the bill of exceptions shows, the defendant moved to dismiss the suit, on the ground that the plaintiff, being a non-resident, liad not given security for the costs. The court overruled the motion, and the defendant excepted; and he now assigns the ruling of the court as error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stone

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STONE, J.

— In this case, no appeal has been taken to this court; nor has a final judgment been rendered in the court below, from which an appeal could be taken. "While the joinder in error may, under the authority of Thompson v. Lea, 28 Ala. 453 , operate a waiver of the want of an appeal, the parties cannot waive a final judgment, and, by consent, give this court jurisdiction of the case. — Code, § 3016. Appeal dismissed.

How later courts describe this case

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Cited by 8 cases

View all citing references →
1873–1874: 11893–1894: 11899–1900: 11909–1910: 11957–1958: 11959–1960: 11961–1962: 11971–1972: 118732026peak 1873 · 1

Relies on it most ⓘ

  1. Jones v. City of Huntsville259 So. 2d 288 (Ala. 1972)
  2. Gordon v. Central Park Little Boys League119 So. 2d 23 (Ala. 1960)
  3. Mills v. Miller2 Neb. 299 (1873)
  4. Draper v. Walker98 Ala. 310 (1893)
  5. Ex Parte Little95 So. 2d 269 (Ala. 1957)
  6. McCully v. Warrick46 A. 949 (N.J. Super. Ct. App. Div. 1900)

Most recent

  1. Jones v. City of Huntsville259 So. 2d 288 (Ala. 1972)
  2. Ex parte Green131 So. 2d 705 (Ala. 1961) · Dissent
  3. Gordon v. Central Park Little Boys League119 So. 2d 23 (Ala. 1960)
  4. Ex Parte Little95 So. 2d 269 (Ala. 1957)
  5. Skallberg v. Skallberg121 N.W. 979 (Neb. 1909)
  6. McCully v. Warrick46 A. 949 (N.J. Super. Ct. App. Div. 1900)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Thompson v. Lea, 28 Ala. 453 (1856) 27

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