Baltman v. Palm Oil & Supply Co.
This text of 88 So. 30 (Baltman v. Palm Oil & Supply Co.) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In order to support an appeal under section 2837 of Code 1907, there *648 must be a final judgment. An order staying proceedings is interlocutory and will not support an appeal, and a special finding of fact as provided by, Code 1907, § 5360,’ is not'a judgment, but takes tbe place of tbe verdict of a jury. We find no final judgment in the record that will- support an appeal, and therefore the appeal must be dismissed.
We will say, however, with regard to the merits of the ease, that the decisions in Archer v. Bank, 88 Ala. 249, 7 South. 53, and Steiner v. Bank, 115 Ala. 575, 22 South. 72, are determinative of plaintiff’s rights.
The appeal is dismissed.
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Cite This Page — Counsel Stack
88 So. 30, 17 Ala. App. 647, 1920 Ala. App. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltman-v-palm-oil-supply-co-alactapp-1920.