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The majority of the court, consisting of ANDERSON, C. J., McCLELLAN, SAYRE, THOMAS, and BROWN, JJ., are of the opinion that the cause should be reversed for the reason there was no note of *Page 327 testimony as required by Chancery Practice Rule 75 (Code 1907, p. 1551), under the authority of the recent case of Potts v. Court of Com'rs,
203 Ala. 300 ,82 So. 550 , and the several authorities therein cited.It therefore results that the decree is reversed, and the cause remanded.
Reversed and remanded.
Document Info
Docket Number: 4 Div. 830.
Citation Numbers: 85 So. 411, 204 Ala. 326, 1920 Ala. LEXIS 156
Judges: Gardner, Somerville
Filed Date: 2/14/1920
Precedential Status: Precedential
Modified Date: 10/19/2024