
    (113 So. 296)
    THOMPSON v. STATE ex rel. REEVES.
    (5 Div. 917.)
    Supreme Court of Alabama.
    June 9, 1927.
    Quo warranto <&wkey;62 — Defendant’s appeal, taken more than 10 days after judgment in action in nature of quo warranto, must be dismissed (Code 1923, §§ 9929-9951, and § 9949).
    ' In an action in the nature of quo warranto, under Code 1923, §§ 9929^-9951, defendant’s appeal, taken after lapse of more than 10 days after judgment within which, under section 9949, appeal may be taken, must be dismissed.
    Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge.
    Action in the nature of quo warranto by the State, on the relation of J. N. Reeves, against R. L. Thompson. From a judgment for plaintiff, defendant appeals.
    Appeal dismissed.
    Jas. W. Strother, of Dadeville, for appellant.
    George C. Douville, of Dadeville, for appellee.
    In view of the decision, it is not necessary that briefs be set out.
   PER CURIAM.

This is an action & the nature of quo warranto, under chapter 337 of the Code of 1923. Section 9949 authorizes an appeal to the Supreme Court within 10 days after judgment, and an appeal taken after the lapse of 10 days must be • dismissed. State ex rel. Roblee v. Baine, 131 Ala. 176, 31 So. 18. The record discloses a judgment rendered October 11th, but counsel have agreed to correct the record so as to make it read November 11th. The appeal was taken November 29th, more than 10 days after the judgment was rendered, and is therefore dismissed.

Appeal dismissed.

ANDERSON, C. J., and SAYRE, GARDNER, and BOULDIN, JJ., concur.  