Tippett v. Tippett

This is an appeal from a decree granting a divorce. The appellant here was the respondent in the proceedings below, and the decree was rendered on 17 March 1961.

The appellee has filed a motion to dismiss the appeal on the grounds that the same was not taken within 60 days as required by Section 789, Title 7, Code of Alabama 1940.

The facts essential to a review of the motion to dismiss show that on 17 April 1961 (31 days — 30th day being a Sunday) an application for rehearing was filed. The record further shows that on 15 April 1961 the attorneys addressed a letter to the trial judge informing…