# Curry v. Kennedy

> Supreme Court of Alabama · April 12, 1934 · 228 Ala. 656

URL: https://www.frixlaw.com/law-library/cases/3223066

## Case

- **Full name:** Curry v. Kennedy.
- **Court:** Supreme Court of Alabama
- **Decided:** April 12, 1934
- **Citations:** 228 Ala. 656; 154 So. 785; 1934 Ala. LEXIS 63
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown, Anderson, Thomas, Knight
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3223066

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3223066. Public record. Not legal advice.