DUKE v. BARTH

5 Div. 739.

136 So.2d 927 (1962)

Esther V. DUKE v. A. W. BARTH, as Executor.

Supreme Court of Alabama.

January 18, 1962.


Attorney(s) appearing for the Case

Francis W. Speaks, Speaks & Burnett, Clanton, for appellant.

Omar L. Reynolds, Reynolds & Reynolds, Clanton, for appellee.


LAWSON, Justice.

This cause was submitted here on motion of the appellee to dismiss the appeal and on the merits.

The motion to dismiss the appeal is based on the ground that the transcript of the record was not timely filed in this court.

This being an equity case, the transcript of the record should have been filed in this court within sixty days from the date on which the appeal was taken. Supreme Court Rule 37, as amended.

It was not filed...

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