Eutaw Ice, Water & Power Co. v. McGee

Alabama Court of Appeals

Eutaw Ice, Water & Power Co. v. McGee

76 So. 990, 16 Ala. App. 258, 1917 Ala. App. LEXIS 298

CourtAlabama Court of Appeals

DecidedJune 30, 1917

Docket2 Div. 161.

StatusPublished

Cited by1 cases

This text of 76 So. 990 (Eutaw Ice, Water & Power Co. v. McGee) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eutaw Ice, Water & Power Co. v. McGee, 76 So. 990, 16 Ala. App. 258, 1917 Ala. App. LEXIS 298 (Ala. Ct. App. 1917).

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Opinion

SAMFORD, J.

The record fails to show that any citation or notice of appeal was issued or served upon any adverse party as required by Code, § 28S1, and no appearance is entered in this court by or for any one as appellee. There is not before this court any adverse party against whom judgment could be rendered in the event of a reversal. Miller v. Parker, 47 Ala. 312. Therefore, under authority of section 28S1 of the Code, Williams v. Harper, 95 Ala. 610, 10 South. 327, and Frierson v. Haley, 1 Ala. App. 576, 55 South. 429, and authorities there cited, the appeal in this cause must be dismissed. But on the merits, see Birmingham Waterworks Co. v. Carrie Brooks, ante, p. 209, 76 South. 515, and Ex parte Brooks, 200 Ala. 697, 76 South. 995.

Appeal dismissed.

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SAMFORD, J.

The record fails to show that any citation or notice of appeal was issued or served upon any adverse party as required by Code, § 28S1, and no appearance is entered in this court by or for any one as appellee. There is not before this court any adverse party against whom judgment could be rendered in the event of a reversal. Miller v. Parker, 47 Ala. 312. Therefore, under authority of section 28S1 of the Code, Williams v. Harper, 95 Ala. 610, 10 South. 327, and Frierson v. Haley, 1 Ala. App. 576, 55 South. 429, and authorities there cited, the appeal in this cause must be dismissed. But on the merits, see Birmingham Waterworks Co. v. Carrie Brooks, ante, p. 209, 76 South. 515, and Ex parte Brooks, 200 Ala. 697, 76 South. 995.

Appeal dismissed.

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76 So. 990, 16 Ala. App. 258, 1917 Ala. App. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eutaw-ice-water-power-co-v-mcgee-alactapp-1917.

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