Eutaw Ice, Water & Power Co. v. McGee
Alabama Court of Appeals
' Appeal from Circuit Court, Greene County; A. S. Van de Graaf, Judge. Mandamus .by Mrs. Carrie McGee against the Butaw Ice, Water & Power Company. From an adverse judgment, respondent appeals. The petitioner in the circuit court (appellee here) filed her petition in the circuit court of Greene county against the appellant, praying a writ of mandamus to compel the appellant (respondent in the court below) requiring it to do certain things.
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' Appeal from Circuit Court, Greene County; A. S. Van de Graaf, Judge. Mandamus .by Mrs. Carrie McGee against the Butaw Ice, Water & Power Company. From an adverse judgment, respondent appeals. The petitioner in the circuit court (appellee here) filed her petition in the circuit court of Greene county against the appellant, praying a writ of mandamus to compel the appellant (respondent in the court below) requiring it to do certain things. From a judgment awarding the writ as prayed, respondent appeals.
1Opinion of the CourtSamford, J.
The record fails to show that any citation or notice of appeal was issued or served upon any adverse party as required by Code, § 28S1, and no appearance is entered in this court by or for any one as appellee. There is not before this court any adverse party against whom judgment could be rendered in the event of a reversal. Miller v. Parker, 47 Ala. 312. Therefore, under authority of section 28S1 of the Code, Williams v. Harper, 95 Ala. 610, 10 South. 327, and Frierson v. Haley, 1 Ala. App. 576, 55 South. 429, and authorities there cited, the appeal in this cause must be dismissed. But on…
2Cases cited5 opinions
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Williams v. HarperSupreme Court of Alabama · 1891
- Miller v. Parker's Adm'rsSupreme Court of Alabama · 1872
- Ex Parte BrooksSupreme Court of Alabama · 1917
- Frierson v. HaleyAlabama Court of Appeals · 1911
3Cited by1 opinion
- Glenn v. GlennAlabama Court of Appeals · 1925