Barkley v. Henke

The plaintiffs-appellees, Minnie A. Barkley, Julia Wilson, and Rose Henke, by motion asked that the appeal of the appellant, Appanoose County, be dismissed, because notice thereof was not served upon the defendant William Henke. Notice of appeal not having been served upon William Henke, we, for the sake of convenience, refer to him herein as defendant, rather than appellee. Section 12837 of the 1927 Code provides:

“An appeal is taken and perfected by the service of a notice in writing on the adverse party, his agent, or any attorney who appeared for him in the case in the court below, and…