Benefield v. Benefield

Alabama Court of Appeals

Decided November 7, 1933

Alabama Court of Appeals · decided 1933-11-07

Relies on Sherrod v. McGruder · Messer v. State · Hagood v. Cleckler

Good law ✅— No negative treatment on recordhow we know

Decided 1933-11-07

How this case has been cited

Cited by 16 later decisions — most recently March 2011

1 federal appellate · 14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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RICE, Justice.

¶1 The judgment was against Dave Benefield, Mack Gossett, and John Hanna. The appeal is by Dave Benefield alone.

¶2 No notice or summons as provided jm section 6143 of the Code was issued and executed, so far as the record shows, as regards either Mack Gossett or John Hanna.

¶3 Under such circumstances it is necessary for us to dismiss the appeal. Hagood et al. v. Cleckler, 221 Ala. 379, 129 So. 2; Sherrod v. McGruder et al., 209 Ala. 260, 96 So. 78; Code 1923, § 7318.

¶4 And it is so ordered.

¶5 Appeal dismissed.