Cosby v. Moore

This is a contest instituted by appellant against appellee of his election as mayor of the City of Opp, Alabama. From a judgment dismissing the proceeding contestant has appealed.

Appellee has moved the Court to dismiss the appeal on the ground that all the parties against whom the judgment was rendered did not appeal, and notice was not given them as provided in section 804, Title 7, Code. The judgment rendered in the trial court was against the named sureties on the instrument securing the costs. Under authority of Sellers v. Smith, 143 Ala. 566, 39 So. 356, they should join in the appeal to…