Lane v. Henderson

BOULDIN, Justice.

The judgment in ejectment was against two defendants, W. W. Lane and Jack Thomas. The appeal was taken by W. W. Lane alone. Appellee insists the appeal should be dismissed because the co-defendant was not in by summons as provided in Code, § 6143. Sherrod v. McGruder et al., 209 Ala. 260, 96 So. 78.

No summons appears in the record, but the assignment of errors recites: “Come the appellants, W. W. Lane, Jack Thomas, and Oma Edge Lane and severally and separately assign the following errors.”

The assignment of errors following above caption is signed by named “Attorneys for…