Opinion
6 Div. 126.
June 8, 1933.
Appeal from Circuit Court, Jefferson County, Bessemer Division; Gardner Goodwyn, Judge.
Ed Wetzel, pro se.
In view of the decision it is not necessary that brief be here set out.
George R. Carter, of Birmingham, and Huey, Welch Stone, of Bessemer, for appellee.
The time within which appeal could have been legally prosecuted was six months from the rendition of the judgment. The appeal bond was not filed in this case until eleven or twelve months from the date of the judgment. The appeal must, therefore, be dismissed. Code 1923, § 6127.
The submission was upon the motion and merits.
The judgment appealed from was rendered March 7, 1931; appeal bond filed and approved February 13, 1932.
The time within which an appeal could be taken and prosecuted was six months from the rendition of the final judgment. Section 6127, Code.
It is a question of jurisdiction that is presented by the record.
The motion to dismiss is granted, and the appeal is dismissed.
Motion granted; appeal dismissed.
ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.