LOVELADY v. THOMAS

3 Div. 992.

139 So.2d 335 (1962)

Mrs. Linnie LOVELADY v. Werth THOMAS, Administrator.

Supreme Court of Alabama.

March 22, 1962.


Attorney(s) appearing for the Case

Brobston & Brobston, Bessemer, for appellant.

Poole & Poole, Greenville, for appellee.


MERRILL, Justice.

Appellee filed a motion to dismiss this appeal for two reasons. The first is that the transcript was not filed in the Supreme Court within sixty days after the appeal was taken. This reason is not sufficient. The other ground is that the record shows no citation of appeal was issued or served as required by Tit. 7, § 801, Code 1940. This omission requires that the motion to dismiss be granted.

This appeal resulted from a nonsuit taken...

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