Starnes v. Brassell

COLEMAN, Justice.

A party appeals from an adverse decree in equity. The appellee filed his motion to dismiss the appeal on the following ground:

“2. In the above-styled cause, the transcript of record fails to disclose due service of the citation of appeal on the appellee or his attorney as required by Title 7, Section 801, Code of Alabama (1940) (Recomp. 1958). (Tr. p. 127).”

The transcript, at page 129, under the heading “Certificate of Appeal,” contains the following recital:

“I further certify that notice of said appeal was on the 24th day of May 1968, served on Mr. Hal Vandervoort,…