Evans v. King

J. G. King recovered judgment against J. T. Evans in January, 1922, for debt and costs. An appeal was duly taken to the Court of Appeals. In December, 1922, King, the appellee, died. In January, 1923, without any suggestion of the death of King, appellee, to the Court of Appeals, or revivor, the cause was submitted on motion to affirm for want of assignments of error. The motion was granted and the judgment affirmed. The appellee being dead at the time of the submission of the cause, the judgment of affirmance was void and of no avail. McDonald v. Womack, 214 Ala. 309, 107 So. 812.

The…