HAMNER v. SIBLEY

3 Div. 671.

76 So.2d 175 (1954)

Hazel W. HAMNER v. E. S. SIBLEY.

Supreme Court of Alabama.

November 18, 1954.


Attorney(s) appearing for the Case

Albert S. Gaston and William Grayson, Mobile, for appellant.

Caffey, Gallallee & Caffey, Mobile, and McMillan, Caffey & McMillan, Brewton, for appellee.


LAWSON, Justice.

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

The appeal was taken on May 9, 1953, from an interlocutory decree under date of April 11, 1953. Certificate of appeal reached this court on July 9, 1953, but the transcript was not filed until October 25, 1954.

On October 6, 1954, after two calls of the division had passed and no transcript had been filed, appellee filed his motion to dismiss the appeal, which...

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