Hagood v. Cleckler, 6 Div. 675.

Decision Date14 June 1930
Docket Number6 Div. 675.
Citation221 Ala. 379,129 So. 2
PartiesHAGOOD ET AL. v. CLECKLER.
CourtAlabama Supreme Court

Appeal from Circuit Court, Jefferson County; Roger Snyder, Judge.

Action by J. R. Cleckler against Hagood & Slaughter, a partnership, W. T. Hagood and L. A. Slaughter. From a judgment for plaintiff, defendants appeal. Transferred from the Court of Appeals.

Appeal dismissed.

C. C. Nesmith, of Birmingham, for appellants.

Harsh & Harsh, of Birmingham, for appellee.

FOSTER, J.

The judgment was against Hagood & Slaughter, W. T. Hagood and L. A. Slaughter. The appeal bond recites that the appeal was taken by Hagood and Slaughter. The court ordered a severance, and citation to L. A. Slaughter. The assignments of error were for Hagood and Slaughter and W. T. Hagood. There was no citation issued or served on L. A. Slaughter. No notice or summons as provided in section 6143, Code, was issued and executed so far as the record shows. Under such circumstances, it is necessary for us to dismiss the appeal. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78; Roberts v. Turner, 22 Ala. App. 433, 116 So. 506.

Appeal dismissed.

ANDERSON, C.J., and GARDNER and BOULDIN, JJ., concur.

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7 cases
  • Beatty v. McMillan
    • United States
    • Alabama Supreme Court
    • March 16, 1933
    ...147 So. 180 226 Ala. 405 BEATTY et al. v. McMILLAN. 6 Div. 136.Supreme Court of AlabamaMarch 16, 1933 ... 297; Ex parte Jones, 217 Ala. 208, 115 So. 301; Hagood v ... Cleckler, 221 Ala. 379, 129 So. 2; Mitchell v ... ...
  • Sterrett v. Beasley
    • United States
    • Alabama Supreme Court
    • December 21, 1961
    ...Ala. 320, 101 So.2d 294; Matthews v. Donald, 263 Ala. 575, 83 So.2d 291; McKinstry v. Thomas, 258 Ala. 690, 64 So.2d 808; Hagood v. Cleckler, 221 Ala. 379, 129 So. 2; Sherrod v. McGruder, 209 Ala. 260, 96 So. The transcript in this cause was filed in this court on March 27, 1961; appellant'......
  • Morrison v. Burnett, 6 Div. 248
    • United States
    • Alabama Supreme Court
    • May 22, 1958
    ...the submission was had, the appeal is dismissed by the court ex mero motu. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78; Hagood v. Cleckler, 221 Ala. 379, 129 So. 2; McKinstry v. Thomas, 258 Ala. 690, 64 So.2d 808; Rush v. Newsom Exterminators, Inc., 261 Ala. 610, 75 So.2d The motion to dis......
  • Parker v. Downing, 6 Div. 312
    • United States
    • Alabama Supreme Court
    • January 15, 1959
    ...the submission was had, the appeal is dismissed by this court ex mero motu. Sherrod v. McGruder, 209 Ala. 260, 96 So. 78; Hagood v. Clerkler, 221 Ala. 379, 129 So. 2; McKinstry v. Thomas, 258 Ala. 690, 64 So.2d 808; Rush v. Newsom Exterminators, 261 Ala. 610, 75 So.2d 112; Matthews v. Donal......
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