State Ex Rel. Lynne v. Gurley

The appellant gave written notice of the appeal, but it was not served upon appellees, or the record fails to disclose such notice if duly given. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78; section 6140 et seq., Code, Gen. Acts 1911, p. 589.

A due notice of appeal is necessary to bring in the party -in adverse interest not joining in or taking an appeal, and, failing in this, and there being no voluntary appearance in the appellate court of such adverse party or parties (L. & N. R. Co. v. Shikle, 206 Ala. 494, 90 So. 900), the failure is that of jurisdiction in this court to proceed to…