STARNES v. BRASSELL

8 Div. 320.

241 So.2d 109 (1970)

Joe STARNES, Jr., as Guardian Ad Litem for Porter G. Blount, a Non Compos Mentis v. Walter BRASSELL, as Guardian of the Estate of Porter G. Blount, a Non Compos Mentis.

Supreme Court of Alabama.

November 5, 1970.


Attorney(s) appearing for the Case

Joe Starnes, Jr., Guntersville, Rogers, Howard, Redden & Mills, Birmingham, for appellant.

John W. Starnes, Guntersville, Theodore H. Hoffman, Union Springs, for appellee.


COLEMAN, Justice.

A party appeals from an adverse decree in equity. The appellee filed his motion to dismiss the appeal on the following ground:

"2. In the above-styled cause, the transcript of record fails to disclose due service of the citation of appeal on the appellee or his attorney as required by Title 7, Section 801, Code of Alabama (1940) (Recomp.1958). (Tr. p. 127)."

The transcript, at page 129...

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