Barker v. Barker

FOSTER, Justice.

Motion is made to dismiss this appeal because it was taken by one of two parties against whom the decree was rendered without taking it in the name of his codefendant, and the register did not issue notice to such codefendant to appear in the Supreme Court and unite in said appeal if he sees proper to do so, as required by section 804, Title 7, Code. But before the submission of this cause said codefendant did appear in this Court by attorney and joined in the assignments of error. This rendered unnecessary a compliance with the statute. Lane v. Henderson, 232 Ala. 122, 167…