Brock v. Stimpson

SIMPSON, Justice.

This cause was originally submitted on motion to dismiss the appeal and on the merits in the Court of Appeals, but was subsequently transferred to this court under the provisions of § 96, Title 13, Code 1940.

The motion for dismissal takes the point that no citation of appeal was served on appellee or his attorney, as required by § 801, Title 7, Code 1940. We have searched the record in vain to discover such notice, and, indeed, appellant’s brief in opposition to the motion to dismiss seems to admit the absence thereof in the record. Due service of citation of appeal on the…