Crowe v. Crowe

This is an appeal from a final decree in equity rendered in the Circuit Court of Marion County, Alabama.

There are three assignments of error, and, as appellee has pointed out in his motion to affirm the decree of the trial court, none of them complies with Rule 1 of the Supreme Court Rules.

Rule 1 requires that ". . . each assignment shall list the page or pages of the transcript of the record on which the ruling is recorded."

The Supreme Court has decided that compliance with the cited portion of Rule 1 is mandatory. Wiggins et al. v. Stapleton Baptist Church, 284 Ala. 174, 223 So.2d 519; National Finance Company v. Rowe, 281 Ala. 658, 207 So.2d 133, and Jones v. Miller, 282 Ala. 231, 210 So.2d 793.

This court is under a duty to follow the decisions of the Supreme Court of Alabama. Act No. 987, Acts of Alabama 1969, p. 1744; and Berry v. City of Huntsville, 288 Ala. 731,259 So.2d 276.

The appellant having failed to comply with Supreme Court Rule 1, the decree of the trial court is affirmed.

Affirmed.

WRIGHT, P. J., and HOLMES, J., concur.

ON MOTION TO SET ASIDE SUBMISSION