Opinion
5 Div. 777.
December 16, 1920.
Appeal from Circuit Court, Russell County; J. S. Williams, Judge.
J. Q. Smith, Atty. Gen., and Lamar Field, Asst. Atty. Gen., for the State.
N.D. Denson Sons, of Opelika, and H. A. Ferrell, of Seale, for appellee.
Final decree was rendered January 15, 1920, and notice of appeal was served January 30, 1920. No certificate of appeal was ever filed, and the transcript of the record was not filed until September 10, 1920. The motion to dismiss the appeal must be granted. Rules 41, 42, Supreme Court Practice, 139 Ala. 318.