McEachern v. State Ex Rel. Sanford
189 So. 729, 238 Ala. 127, 1939 Ala. LEXIS 347
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
McEachern v. State Ex Rel. Sanford, 189 So. 729, 238 Ala. 127, 1939 Ala. LEXIS 347 (Ala. 1939).
189 So. 729 (McEachern v. State Ex Rel. Sanford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Simpson v. James R. Crowe Post No. 27, American Legion
161 So. 705 (Supreme Court of Alabama, 1935)
Johnston v. Johnston
158 So. 528 (Supreme Court of Alabama, 1934)