Warren v. Georgia Fire Ins.

Alabama Court of Appeals

Warren v. Georgia Fire Ins.

65 So. 843, 10 Ala. App. 650, 1914 Ala. App. LEXIS 257

DecidedJune 11, 1914

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This text of 65 So. 843 (Warren v. Georgia Fire Ins.) 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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Warren v. Georgia Fire Ins., 65 So. 843, 10 Ala. App. 650, 1914 Ala. App. LEXIS 257 (Ala. Ct. App. 1914).

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Opinion

THOMAS, J.

This case is submitted on the merits and on the motion of appellee to dismiss the appeal upon the ground that the judgment appealed from was, as the record shows, rendered against two defendants, while only one prosecutes this appeal, and the record fails to show that the other was served with summons, as required by Acts 1911, p. 589, to appear before this court and join in the appeal if he saw proper. In the face of this motion and of the condition of the record as noted, the appellant submitted the case in this court without application here for summons and severance as to the other defendant. The motion must therefore prevail. — Acts 1911, p. 589; City of Montgomery v. McCabe, 6 Ala. App. 560, 60 South. 456; 2 Mayf. Dig. 162-164, §§ 600-609, 610, 611-627, 628.

The appeal is consequently dismissed.

Appeal dismissed.

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THOMAS, J.

This case is submitted on the merits and on the motion of appellee to dismiss the appeal upon the ground that the judgment appealed from was, as the record shows, rendered against two defendants, while only one prosecutes this appeal, and the record fails to show that the other was served with summons, as required by Acts 1911, p. 589, to appear before this court and join in the appeal if he saw proper. In the face of this motion and of the condition of the record as noted, the appellant submitted the case in this court without application here for summons and severance as to the other defendant. The motion must therefore prevail. — Acts 1911, p. 589; City of Montgomery v. McCabe, 6 Ala. App. 560, 60 South. 456; 2 Mayf. Dig. 162-164, §§ 600-609, 610, 611-627, 628.

The appeal is consequently dismissed.

Appeal dismissed.

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65 So. 843, 10 Ala. App. 650, 1914 Ala. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-georgia-fire-ins-alactapp-1914.

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