Curry v. Forte

BRADLEY, Judge.

Submission of this case was taken on motion and merits.

Appellee, in its motion to dismiss the appeal, alleges that appellant failed to abide by the provisions of Title 7, Section 801, Code of Alabama 1940, as Recompiled 1958, which require that the clerk of the circuit court issue and have served upon the adverse party to the appeal a “Citation on Appeal” notifying said party that an appeal has been taken and the day to which it is returnable.

*498The appellant filed with the circuit clerk a notice of appeal and had a copy thereof served on the appellee’s attorney by the sheriff,…