Legal Opinion
Lovelady v. Thomas
Supreme Court of Alabama
Decided March 22, 1962No. 3 Div. 992PublishedCited by 4 opinions
1Opinion of the Court
MERRILL, Justice.
Appellee filed a motion to dismiss this appeal for two reasons. The first is that the transcript was not filed in the Supreme Court within sixty days after the appeal was taken. This reason is not sufficient. The other ground is that the record shows no citation of appeal was issued or served as required by Tit. 7, § 801, Code 1940. This omission requires that the motion to dismiss be granted.
This appeal resulted from a nonsuit taken by plaintiff after defendant’s demurrer was sustained to the amended counts of the complaint.
The appeal was duly taken on October 26, 1961. We…
2Cases cited10 opinions
- Duke v. StateSupreme Court of Alabama · 1956
- State Ex Rel. Lynne v. GurleySupreme Court of Alabama · 1928
- Bowlin v. BowlinSupreme Court of Alabama · 1958
- Brock v. StimpsonSupreme Court of Alabama · 1949
- Mutual Sav. Life Ins. Co. v. OsborneAlabama Court of Appeals · 1941
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3Cited by4 opinions
- Mid-State Homes, Inc. v. RobertsSupreme Court of Alabama · 1972
- Burleson v. First National Bank in TuscumbiaSupreme Court of Alabama · 1969
- Curry v. ForteCourt of Civil Appeals of Alabama · 1973
- Mid-State Homes, Inc. v. RobertsSupreme Court of Alabama · 1972