163 So. 361 | Ala. Ct. App. | 1935
With us, the word "month," unless otherwise expressed, means a "calendar month" (Code 1928, § 9; Sovereign Camp, W. O. W., v. Reed,
It was requisite that the appeal in this case be taken "within six months from the rendition of the judgment" (Code 1928, § 6127); otherwise, it would be our duty to dismiss it ex mero motu. McKenzie v. Jensen,
The judgment overruling appellant's said motion was rendered on April 22, 1933. Appellant instituted his appeal by "giving security for the costs of the appeal" (Code 1928, § 6101) on October 23, 1933; October 22, 1933, falling on Sunday. Code 1928, § 13. We hold the appeal was taken within the time prescribed by law. Doyle v. First National Bank,
The appeal is on the record proper, without bill of exceptions.
The general affirmative charge was given at appellee's request.
Numerous pleas, affording a complete answer to the complaint, were interposed and no demurrer lodged against same, or any of same.
The only questions presented properly for our consideration are those arising out of the action of the trial court in overruling appellant's demurrers to appellee's pleas 6 and 8.
As said by Mr. Justice Thomas, for the majority of the Supreme Court in the case of Black v. Sloss-Sheffield Steel Iron Co.,
And see Street v. Treadwell et al.,
The judgment is affirmed.
Affirmed.