Parker v. Bedwell

THOMAS, Justice.

This cause is submitted on the motion to dismiss and on the merits.

The motion to dismiss is rested on the record and is not supported by affidavits. The motion was denied in Campbell v. Sowell, 230 Ala. 109, 159 So. 813, when supported by affidavits and no fault for the delay on the part of appellant was shown and when appellee had suffered no injury from the delay.

In the case of White v. White, 230 Ala. 641, 162 So. 368, 369, a motion to dismiss the appeal, affecting a non compos mentis, was filed. Counter affidavits were offered by appellant stating that under the bill “it…