McEachern v. State Ex Rel. Sanford

Supreme Court of Alabama

McEachern v. State Ex Rel. Sanford

189 So. 729, 238 Ala. 127, 1939 Ala. LEXIS 347

CourtSupreme Court of Alabama

DecidedJune 8, 1939

Docket7 Div. 565.

StatusPublished

This text of 189 So. 729 (McEachern v. State Ex Rel. Sanford) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McEachern v. State Ex Rel. Sanford, 189 So. 729, 238 Ala. 127, 1939 Ala. LEXIS 347 (Ala. 1939).

Pincite

Opinion

*128 THOMAS, Justice.

The record fails to disclose the note of testimony required by Chancery Rule 75.

In the absence thereof, we cannot consider the evidence disclosed by the record.

The duty of compliance was upon the state. The rule is mandatory and the decree is reversed and the cause is remanded. Simpson v. James R. Crowe Post No. 27, American Legion, 230 Ala. 487, 161 So. 705, and authorities therein cited; Johnston v. Johnston, 229 Ala. 592, 158 So. 528, and authorities therein cited.

Reversed and remanded.

ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI