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CITY OF BIRMINGHAM v. PERRY

6 Div. 777.

125 So.2d 279 (1960)

CITY OF BIRMINGHAM v. Walter E. PERRY, Jr.

Court of Appeals of Alabama.

December 13, 1960.

Attorney(s) appearing for the Case

J. M. Breckenridge, Birmingham, for appellant.

Frank Bainbridge and Josh Mullins, Jr., Birmingham, for appellee.

PRICE, Judge.

This is an appeal by the City of Birmingham from a judgment of the circuit court of Jefferson County discharging the petitioner upon a writ of habeas corpus sued out by him.

The case was submitted on appellee's motion to dismiss the appeal and on the merits.

The motion to dismiss the appeal contains in substance two main grounds: (1) The transcript is not certified in accordance with Title 15, Sec. 369(d), Code of Alabama 1940, as amended...

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