# McLeod v. Turner

> Supreme Court of Alabama · May 9, 1935 · 230 Ala. 673

URL: https://www.frixlaw.com/law-library/cases/3238881

## Case

- **Full name:** McLEOD Et Al. v. TURNER
- **Court:** Supreme Court of Alabama
- **Decided:** May 9, 1935
- **Citations:** 230 Ala. 673; 162 So. 309; 1935 Ala. LEXIS 276
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Knight
- **Judges:** Knight, Anderson, Thomas, Brown
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3238881

## How later opinions describe it (automated extraction)

- noting that "[t]he appeal was taken ... by the filing of an appeal bond"

## Opinion text

KNIGHT, Justice.
This cause was tried on March 9, 1931, resulting in a verdict and judgment in favor of the defendant, appellee.
The bill of exceptions was approved on August 1, 1931. The appeal was taken on September 8, 1931, by the filing of an appeal bond.
The transcript, consisting of twenty-seven pages, was not filed in this court until April 4, 1935, and submitted on that day on the record as filed. There was no joinder in error by appellee.
The transcript filed in the cause, and on which the submission was had, does not contain a certificate of appeal, nor does it show the issuance, or service, of any citation of appeal.
In this condition of the record, the appeal must be dismissed, ex mero motu, and it is so ordered. Sections 6078 and 6140, Code 1923; Williams v. Harper, 95 Ala. 610 , 10 So. 327 ; Ex parte Williams (Riddlesperger v. Williams), 226 Ala. 619, 620 , 148 So. 323 ; Murphy v. Freeman, 220 Ala. 634 , 127 So. 199 , 70 A. L. R. 381; State ex rel. Lynne v. Gurley et al., 217 Ala. 666 , 117 So. 297 ; Sherrod v. McGruder, 209 Ala. 260 , 96 So. 78 ; Louisville & Nashville R. R. Co. v. Shikle, 206 Ala. 494 , 90 So. 900 ; Chandler v. Home Loan Co., 211 Ala. 80 , 99 So. 723 ; New Morgan County B. & L. Ass’n v. Plemmons, 210 Ala. 16 , 97 So. 46 ; Smith v. Collier, 210 Ala. 23 , 97 So. 101 ; Griffin v. Milligan, 177 Ala. 57 , 58 So. 257 ; Miller v. Parker’s Adm’rs, 47 Ala. 312 .
Appeal dismissed.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3238881. Public record. Not legal advice.