DONAHOO v. KERNS

6 Div. 891.

89 So.2d 270 (1956)

Ida DONAHOO et al. v. Clarence R. KERNS.

Supreme Court of Alabama.

Rehearing Denied September 6, 1956.


Attorney(s) appearing for the Case

Frank M. James and Watts E. Davis, Birmingham, for appellants.

Chas. W. Greer and Dempsey Pennington, Birmingham, for appellee.


SIMPSON, Justice.

This appeal is from a final decree rendered by the Circuit Court in Equity of Jefferson County.

The case is submitted on appellant's motion to strike the transcript and on the merits. The motion to strike is grounded on the failure to timely file the transcript as required by Supreme Court Rule 37, as amended. The motion is well taken and of consequence the case cannot be considered on its merits.

Revised Rule 37 provides:

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