Hardy v. Reynolds

PRICE, Presiding Judge.

In a suit by appellee, J. Terry Reynolds, Jr.,' against Harry D. Hardy and Barbara Reaves, a judgment was rendered in favor of defendant Barbara Reaves and against Harry D. Hardy, the appellant here. Barbara Reaves did not appeal. The appellee moves to dismiss the appeal because no summons or notice of the appeal was given to her as required by Title 7, Section 801, Code 1940.

In B. F. Goodrich Co. et al. v. Hughes, 239 Ala. 373, 194 So. 842, it is said:

“The Code section referred to has no application to a party defendant in whose favor the judgment was rendered.…