SCHWEITZER v. ESCO

SC 1615, SC 1632.

340 So.2d 18 (1976)

Dany L. SCHWEITZER v. Hon. James C. ESCO et al. Margaret WALKER v. Hon. James C. ESCO et al.

Supreme Court of Alabama.

Rehearing Denied December 30, 1976.


Attorney(s) appearing for the Case

Charles G. Spradling, Jr., Huntsville, for Legal Aid Society of Madison Co., appellants.

Ford, Caldwell, Ford & Payne and J. R. Brooks, Huntsville, for Hon. James C. Esco.

Humphrey & Smith, Huntsville, for Redstone Federal Credit Union and Public Finance Co. of Ala.

William J. Baxley, Atty. Gen. and George W. Royer, Jr., Asst. Atty. Gen., amicus curiae, for appellants.


MADDOX, Justice.

These consolidated appeals raise this question: Should an indigent person, in a civil action, be required to post a statutorily-required bond in order to appeal an adverse judgment from a lower court to the circuit court? We hold that the bond required to be posted by statute is necessary; therefore, we affirm the Circuit Judge's refusal to mandamus the lower judge to order him to permit the appeal to be taken even though the appellant had...

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