Frierson v. Haley

Alabama Court of Appeals

Frierson v. Haley

55 So. 429, 1 Ala. App. 576, 1911 Ala. App. LEXIS 299

CourtAlabama Court of Appeals

DecidedMay 11, 1911

StatusPublished

Cited by4 cases

This text of 55 So. 429 (Frierson v. Haley) 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.

Bluebook

Frierson v. Haley, 55 So. 429, 1 Ala. App. 576, 1911 Ala. App. LEXIS 299 (Ala. Ct. App. 1911).

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Opinion

PELHAM, J.

This is an appeal from a judgment rendered in the circuit court of Lauderdale on June 1.7, 1910, on which day the appellant, the defendant in the court below, prayed for and obtained an appeal to the Supreme Court of Alabama. The case was duly and regularly transferred to this court by the Supreme Court.

The record fails to show that any citation or notice of appeal was ever issued or served upon the adverse [577]*577party, as required by law.—Code 1907, § 28881. There is no appearance entered in the Supreme Court or in this court by the appellee, except specially for the purpose of making a motion to dismiss the appeal on this ground. For failure to issue and have served a citation of appeal, the case must be dismissed.— Williams v. Harper, 95 Ala. 610, 10 South. 327; Harris v. Harris, 41 Ala. 364.

The appeal is dismissed.

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PELHAM, J.

This is an appeal from a judgment rendered in the circuit court of Lauderdale on June 1.7, 1910, on which day the appellant, the defendant in the court below, prayed for and obtained an appeal to the Supreme Court of Alabama. The case was duly and regularly transferred to this court by the Supreme Court.

The record fails to show that any citation or notice of appeal was ever issued or served upon the adverse [577]*577party, as required by law.—Code 1907, § 28881. There is no appearance entered in the Supreme Court or in this court by the appellee, except specially for the purpose of making a motion to dismiss the appeal on this ground. For failure to issue and have served a citation of appeal, the case must be dismissed.— Williams v. Harper, 95 Ala. 610, 10 South. 327; Harris v. Harris, 41 Ala. 364.

The appeal is dismissed.

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Bluebook (online)

55 So. 429, 1 Ala. App. 576, 1911 Ala. App. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frierson-v-haley-alactapp-1911.

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