The Birmingham age-herald., 1907-08-29

! or overruling a plea to such bill, or sus- tainiug or oyerruling a motion to dismiss such bill for want of equity, an appeal | lies to the supreme court, to be taken | within thirty days after tho rendition ot ! such decree; the appeal shall be heard and determined by the supreme court fn preference 10 all other than criminal cases. and if the decree of the chancellor or judge of the county courts of law and equity is reversed the court shall rem der such decree as should have been rem dered by the chancellor. but nothing in this section shall be so construed to prevent an assignment of errors on sucn deerees, on appeals taken after the final determination of the cause. if appeals are not taken under this section.
 Sec, 3. Be it further enacted that Sec ton 4Sl of said code be amended so as to read as follows: Section 431 (35161, tS923). Appeals from denial of remedial writs Appeals may be taken to the su- preme court from the judgment of judges of the circuit and city courts and county courts of law and equity on application for writs of certiorari. supersedeas. que warranto, mandamus and other remedial writs, upon plaintiff or defendant giy- ing security for the costs of appeal, ap- proved by the judge trying the same. within thirty days from tho day of the judgment: but such appeal shall not op-
 
 unless bond with sufficient sureties be given by the appellant, payable to the appellee. In such sum as the judge hea-- ing the application shall require condl- toned to pay all dameges thereby sus- taned.
 Sec. | Be 1t further enacted that Sec ton 434 of said code be amended SO as tn read follows: Section 434 Appeals from decision on motions for new trials. Whenever motion for a new trial shall be granted or refused by any circuit or city court or county court of law and equity in any civil case at law, either party may except to the decision of the court and may reduce to writing the reasons for the new trial together with the substance of the evidence in the case and also the decision of the court on the motion; and it shall be the duty of the judge before whom the motion is made 10 allow and sign the same and such bill of exceptions shall be a part of the record in the cause. and nay embrace the judg ment and motion or other matters or record. and the appellant may assign for error that the court below improperly granted or refused to grant a new trial; and the supreme court shall have power to grant new trials or to correct any er- TOTS of the circuit or city court In grant nlg or refusing the same.
 Sec 5. Be it further enacted that Sec ton 456 of said code be amended so as to read as follows Section 456. (36391. (S952), (351D. Clerks of inferior courts may issue executions for costs unpaid clerks of tho circuit or city court, or county courts of law and equity, regis ters in chancery. and judges of probate, when cases have been taken from theh' respective courts to the supreme court by appeal, or other lawful mode, and there decided, If the costs accruing in such lower courts for transcripts. or otherwise, be not paid by the parties against whom they were adjusted in the supreme court. may issue executions for such costs, returnable Into the courts m which such costs accrued.
 Approved August 10, 1907
 Official:
 Frank N. Julian.
 Secretary of State