Elliott v. McCraney

ANDERSON, Chief Justice.

It appears that a judgment was rendered in the trial court against all three of the defendants, but upon motion the trial judge set aside the judgment as to one of the appellants, J. R. Oden. Therefore, there was no judgment against him when the appeal was taken and he was but a nominal appellant, and his joinder with the others in the assignments of error should be disregarded as redundant and immaterial and without prejudice to the consideration of the assignments on their merits. Gilley v. Denman, 185 Ala. 561, 64 So. 97. The case at bar falls within the influence…