14 Ala. 574 | Ala. | 1848
The final decree was rendered in this cause, on the 16th June, 1842, and the writ of error was sued out on the 24th May, 1848, so that nearly six years intervened between the final degree and the issuance of the writ of error. The question is presented, whether the writ of error is not barred by the statute, and should not be dismissed.
By the 7th section of the act of 1820, (Dig. 309, § 17,) it is provided, “ a writ of error may issue to reverse a final judgment in the circuit court at any time within three years after the rendition of the judgment, and not afterwards.” By the -23d section of the act of 1821, in relation to the jurisdiction of the county or orphans’ court, it is provided, that “from any judgment or order final, whether in vacation or term time, an appeal or writ of error shall lie to the circuit or su
Writ of error dismissed,