BENEFIELD v. BENEFIELD, 25 Ala. App. 568 (1933)

150 So. 711

BENEFIELD v. BENEFIELD.

6 Div. 399.Court of Appeals of Alabama.
November 7, 1933.

Appeal from Circuit Court, Blount County; O. A. Steele, Judge.

Action for damages by J. A. Benefield against Dave Benefield and others. From a judgment for plaintiff, the named defendant alone appeals.

Appeal dismissed.

P.A. Nash, of Oneonta, for appellant.

In view of the decision it is not necessary that brief be here set out.

J.T. Johnson, of Oneonta, for appellee.

As defendants Gossett and Hanna did not join in the appeal, and were not brought in by notice as required by law, the appeal should be dismissed. Code 1923, § 6143; Hagood v. Cleckler, 221 Ala. 379, 129 So. 2; Roberts v. Turner, 22 Ala. App. 433, 116 So. 506; Walsh v. Hill, 169 Ala. 410, 53 So. 746.

RICE, Justice.

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

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

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.

And it is so ordered.

Appeal dismissed.