State ex rel. Roblee v. Baine

State ex rel. Roblee v. Baine. Quo 'Warranto Proceedings-. 1 Quo warranto; when appeal should he dismissed. — An appeal from a decree or judgment in a quo warranto proceedings, which is taken after the lapse of ten days from the renu tion of such decree or judgment — the time prescribed by the statute (Code, § 3437) — will be dismissed, since the time within which the appeal must be taken to this court is of the essence of its jurisdiction. Appear from the Circuit- Court of Jefferson. Tried before the Hon. A. A. Coreman. The proceedings in this (tase were instituted by an information being filed by the State of Alabama on the relation of A. E. Roblee and by A. E. Roblee -against Tom Baine to test the constitutionality of an act- approved February, 1901, providing for an inspector of oils for Jefferson county, Alabama. The defendant demurred to the information, setting up that the act was constitutional and further that the informant, A. E. Roblee, was a non-resident and had no right to bring the information. The court sustained the defendant’s demurrer and dismissed the information, and it is from the judgment on this demurrer that the appeal is taken. Under the opinion on the present appeal it is unnecessary to set out the facts of the case in detail. Garrett, Underwood & Thach, for appellant. No counsel marked as appearing for appellee. [MAJORITY — DOWDELL, J.] DOWDELL, J. Section 3137 of the Code of 1896 provides that in quo warranto proceedings an appeal may be taken to the Supx-eme Court within ten days after the judgment is rendered. In the present case tlxe appeal was not taken within the time prescribed, but long after the lapse of ten days from the rendition of the judgment. Tlie time within which an appeal must be taken to this court, which is purely appellate, is of the essence of jurisdiction. It follows that the appeal must be dismissed.