Opinion

Ogle v. Ogle

  • 270 Ala. 201
  • 117 So. 2d 191
Court
Supreme Court of Alabama
Filed
Oct 8, 1959
Status
Published
Author
Goodwyn
On the bench
Goodwyn, Lawson, Stakely, Merrill, Coleman
Cited by
6 cases
Authority
More cited than 88.5%

The opinion

GOODWYN, Justice.

Appellant, J. R. Ogle, filed a bill of complaint in the circuit court of Morgan County, in equity, against his divorced wife, Bessie Ogle, appellee, seeking cancellation of a deed. A final decree was rendered denying the relief prayed for and dismissing the bill. Appellant then moved for a rehearing pursuant to Equity Rule 62, Tit. 7, Code 1940, Appendix. A decree was rendered overruling the motion. This appeal is from that decree.

We have no alternative but to dismiss the appeal for want of jurisdiction. It has been held consistently that no appeal will lie from a decree overruling a motion for a rehearing in equity. Equity Rule 62, supra; Duke v. Scotch Lumber Co., 266 Ala. 53, 54 , 94 So.2d 194 ; Wheeler v. Bullington, 264 Ala. 264, 266 , 87 So.2d 27 ; Capps v. Norden, 261 Ala, 676, 680, 75 So.2d 915 ; Wood, Wire & Metal Lathers International, Local No. 216 v. Brown & Root, Inc., 258 Ala. 430, 432 , 63 So.2d 372 ; Whitman v. Whitman, 253 Ala. 643, 645 , 46 So.2d 422 ; Valenzuela v. Sellers, 253 Ala. 142, 145 , 43 So.2d 121 ; Rudolph v. Rudolph, 251 Ala. 317, 318 , 36 So.2d 902 ; Spurling v. Spurling, 250 Ala. 612 , 35 So.2d 502 ; Linn v. Linn, 242 Ala. 688, 690 , 8 So.2d 187 ; Brown v. Lee, 242 Ala. 159, 161 , 5 So.2d 620 ; Robertson v. Council, 238 Ala. 432, 435 , 191 So. 257 ; Money v. Galloway, 236 Ala. 55, 56 , 181 So. 252 ; Commercial Credit Co. v. State, 224 Ala. 123, 125 , 139 So. 271 ; Ford v. Ford, 218 Ala. 15, 16 , 117 So. 462 ; Ex parte Upchurch, 215 Ala. 610, 611 , 112 So. 202 .

The rehearing motion made no point that the decree sought to be set aside is void on its face. In this connection, see Wheeler v. Bullington, supra; Capps v. Norden, supra; Robinson Co. v. Beck, 261 Ala. 531, 533 , 74 So.2d 915 ; Ford v. Ford, supra; Sweeney v. Tritsch, 151 Ala. 242, 245 , 44 So. 184 .

Appeal dismissed.

LAWSON, STAKELY, MERRILL and COLEMAN, 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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