SHAW v. STATE

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Docket Number

1 Div. 465.

Attorney(S)

Edward J. Grove, of Mobile, for appellant. Brief on original submission did not reach the Reporter. In brief in support of application for rehearing, counsel argues that the circuit court acquired no jurisdiction of the cause, in that the appeal bond was not certified by the clerk of the inferior court, that the record does not show that the papers from the inferior court were filed in the circuit court, and that the record does not show the filing of a brief statement of the complaint, citing Local Acts 1907, p. 82; 12 Ala. App. 218, 67 So. 710; 17 Ala. App. 9, 81 So. 345; 5 Ala. App. 167, 59 So. 325; 17 Ala. App. 396, 85 So. 837. Harwell G. Davis, Atty. Gen., for appellee. No brief reached the Reporter.

Judges

SAMFORD, J.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

1 Div. 465.

Attorney(S)

Edward J. Grove, of Mobile, for appellant. Brief on original submission did not reach the Reporter. In brief in support of application for rehearing, counsel argues that the circuit court acquired no jurisdiction of the cause, in that the appeal bond was not certified by the clerk of the inferior court, that the record does not show that the papers from the inferior court were filed in the circuit court, and that the record does not show the filing of a brief statement of the complaint, citing Local Acts 1907, p. 82; 12 Ala. App. 218, 67 So. 710; 17 Ala. App. 9, 81 So. 345; 5 Ala. App. 167, 59 So. 325; 17 Ala. App. 396, 85 So. 837. Harwell G. Davis, Atty. Gen., for appellee. No brief reached the Reporter.

Judges

SAMFORD, J.

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SHAW v. STATE.

SAMFORD, J.

Affirmed.

On Rehearing.

The provision of Code 1907, § 6730, does not apply to prohibition cases. Ray v. State, 17 Ala. App. 333, 84 So. 878; Corkran v. State, 17 Ala. App. 112, 82 So. 560; Walker v. State. 17 Ala. App. 3, 81 So. 179.

The appeal was taken and proceedings certified in accordance with section 6726, Code 1907, and they were sufficient to give the circuit court jurisdiction of the person. Ex parte Rodgers, 12 Ala. App. 218, 67 So. 710.

The application is overruled.

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SHAW v. STATE.

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