Brassell v. Brassell
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by Walter R. Brassell against Jane Porter Brassell for divorce and the custody of the child. Decree for complainant, and respondent appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by Walter R. Brassell against Jane Porter Brassell for divorce and the custody of the child. Decree for complainant, and respondent appeals. The following is the agreement of counsel referred to: It is mutually agreed by and between the solicitors in the above-stated case, Hill, 1-Iill, Whiting & Thomas and W. A. Jordan, for complainant, and Holloway & Hill, for respondent, as follows: (1) That the demurrers heretofore interposed to said bill are hereby withdrawn. (2) That respondent shall file a cross-bill on or before…
1Per curiam
[1, 2] The record in this case fails to disclose a note of testimony as required by chancery rule 75 (Code of 1907, p. 1551). This rule expressly requires that testimony not offered as there provided and noted by the register on the minutes must not be considered as any part of the record. The trial court having granted the complainant relief, and the record disclosing no legally noted testimony in support of same, this decree, must be reversed upon the authority of the recent case of Lunday v. Jones, 85 South. 411.1 See, also, Potts v. Commissioner’s Court, 203 Ala. 300, 82 South. 550, and…
2Cases cited2 opinions
- Lunday v. JonesSupreme Court of Alabama · 1920
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
3Cited by30 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Lewis v. MartinSupreme Court of Alabama · 1923
- Capps v. NordenSupreme Court of Alabama · 1954
- Crews v. State Ex Rel. PattersonSupreme Court of Alabama · 1921
- Mullen v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1933
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