Opinion

Curry v. Kennedy

  • 228 Ala. 656
  • 154 So. 785
  • 1934 Ala. LEXIS 63
Court
Supreme Court of Alabama
Filed
Apr 12, 1934
Status
Published
Author
Brown
On the bench
Brown, Anderson, Thomas, Knight
Cited by
1 cases
Authority
More cited than 78.3%

The opinion

BROWN, Justice.

The minute entry in the trial court relied on as a final judgment to support the appeal in this case is in the following words: “This cause coming on to be heard and because of the adverse ruling of the Court in sustaining demurrers to counts 1, 2, 3, 4, 5 and 6 of the complaint of plaintiff, plaintiff declines to plead further and takes a nonsuit and gives notice of appeal to the Supreme Court.”

This entry does not contain the essential elements of a final judgment sufficient to support an appeal, and the appeal must therefore be dismissed. Alston v. Marengo County Board of Education et al., 224 Ala. 676 , 141 So. 658 ; Wood, use, etc., v. Coman et al., 56 Ala. 283 .

Appeal dismissed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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