Brooks v. Everett

LAWSON, Justice.

The .appeal is from a decree of the Circuit Court of Etowah County, in Equity.

Submission was on appellees’ motion to dismiss the appeal and on the merits.

Motion to Dismiss Appeal

The first ground of the motion reads:

“For that appellant’s brief and argument in this cause was not served upon counsel for appellees in compliance with Rules 11 .and 44 of the Revised Rules of the Supreme Court of Alabama in that service was attempted to be had by United States mail but that said brief was deposited in the United States mail without postage prepaid as required by the said Rule 44 of…