[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
Crawford and Hitchcock, for appellee, moved to dismiss the appeal on the ground, that no sum was named in the penal part of the appeal bond. They relied on Sec. 16, Act of 1819, “to regulate the proceedings of the courts of law and equity.”
Mr. Pickens for the appellant.
BY THE COURT.The statute referred to provides “that either party may appeal from any final judgment or decree of any Circuit Court,” etc., “upon entering into bond with security approved by the court in double the amount,” etc. The Legislature have required that the party in whose favor the judgment has been rendered, shall be secured before the judgment shall be suspended, and that bond, is as much matter of substance as sealing and delivery. We could, with as much propriety, now take a new bond, as permit the penalty to be inserted.
Let the appeal be dismissed.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 6.