Hagood v. Cleckler

Supreme Court of Alabama

Hagood v. Cleckler

129 So. 2, 221 Ala. 379, 1930 Ala. LEXIS 290

Supreme Court of Alabama·Decided June 14, 1930·No. 6 Div. 675.·Published·Cited by 8 cases

Opinion

FOSTER, J.

The judgment was against Hagood & Slaughter, W. T. Hagood and D. A. Slaughter. The appeal bond recites that the appeal was taken by Hagood and Slaughter. The court ordered a severance, and citation to L. A. Slaughter. The assignments of error were for Hagood and Slaughter and W. T. Hagood. There was no citation issued or served on L. A. Slaughter. No notice or summons as provided in section 6143, Code, was issued and executed so far .as the record shows. Under such circumstances, it is necessary for us to dismiss the appeal. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78; Roberts v. Turner, 22 Ala. App. 433, 116 So. 506.

Appeal dismissed.

ANDERSON, C. J., and GARDNER and BOULD1N, JJ., concur. '

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FOSTER, J.

The judgment was against Hagood & Slaughter, W. T. Hagood and D. A. Slaughter. The appeal bond recites that the appeal was taken by Hagood and Slaughter. The court ordered a severance, and citation to L. A. Slaughter. The assignments of error were for Hagood and Slaughter and W. T. Hagood. There was no citation issued or served on L. A. Slaughter. No notice or summons as provided in section 6143, Code, was issued and executed so far .as the record shows. Under such circumstances, it is necessary for us to dismiss the appeal. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78; Roberts v. Turner, 22 Ala. App. 433, 116 So. 506.

Appeal dismissed.

ANDERSON, C. J., and GARDNER and BOULD1N, JJ., concur. '

Hagood v. Cleckler, 129 So. 2, 221 Ala. 379, 1930 Ala. LEXIS 290 (Ala. 1930).

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Opinion

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