Frierson v. Haley
Alabama Court of Appeals
Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Alm'on. Assumpsit by C. L. Haley against J. D. Frierson. Judgment for plaintiff, and defendant appeals. Counsel discuss the errors assigned but does not discuss the questions here decided. Counsel appear specially for the purpose of moving the dismissal of the appeal for want of issuance and service of citation upon the appellee or their counsel, and in support of their motion they cite Sec. 2881, Code 1907.
1Opinion of the CourtPelham, J.
This is an appeal from a judgment rendered in the circuit court of Lauderdale on June 1.7, 1910, on which day the appellant, the defendant in the court below, prayed for and obtained an appeal to the Supreme Court of Alabama. The case was duly and regularly transferred to this court by the Supreme Court.
The record fails to show that any citation or notice of appeal was ever issued or served upon the adverse *577party, as required by law.—Code 1907, § 28881. There is no appearance entered in the Supreme Court or in this court by the appellee, except specially for the purpose of making a motion to…
2Cases cited2 opinions
- Williams v. HarperSupreme Court of Alabama · 1891
- Harris' Heirs v. Harris' Adm'rSupreme Court of Alabama · 1867
3Cited by4 opinions
- Glenn v. GlennAlabama Court of Appeals · 1925
- Chandler v. StateAlabama Court of Appeals · 1915
- Eutaw Ice, Water & Power Co. v. McGeeAlabama Court of Appeals · 1917
- Boswell v. LinderAlabama Court of Appeals · 1924