Opinion
7 Div. 565.
June 8, 1939.
Appeal from Circuit Court, Cleburne County; Lamar Field, Judge.
Knox, Acker Sterne, of Anniston, for appellant.
Compliance with Chancery Rule 75 is mandatory and failure to file note of testimony as required thereby necessitates a reversal of any decree granting relief in favor of complainant. Johnston v. Johnston, 229 Ala. 592, 158. So. 528; Simpson v. James R. Crowe Post No. 27, American Legion, 230 Ala. 487, 161 So. 705; Crews v. State ex rel. Patterson, 206 Ala. 101, 89 So. 205; Milam-Morgan Co. v. State, 205 Ala. 315, 87 So. 348.
Thos. S. Lawson, Atty. Gen., for appellee.
The record fails to disclose the note of testimony required by Chancery Rule 75.
In the absence thereof, we cannot consider the evidence disclosed by the record.
The duty of compliance was upon the state. The rule is mandatory and the decree is reversed and the cause is remanded. Simpson v. James R. Crowe Post No. 27, American Legion, 230 Ala. 487, 161 So. 705, and authorities therein cited; Johnston v. Johnston, 229 Ala. 592, 158 So. 528, and authorities therein cited.
Reversed and remanded.
ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.