City of Roanoke v. Fain

Alabama Court of Appeals

City of Roanoke v. Fain

179 So. 920, 28 Ala. App. 143, 1938 Ala. App. LEXIS 87

Alabama Court of Appeals·Decided March 22, 1938·No. 5 Div. 34.·Published

Opinion

BRICKEN, Presiding Judge.

The appeal in this case was improvidently taken, and must be dismissed, for that no sufficient judgment or order has been made in the circuit court to sustain an appeal.

The only 'judgment found in this record is an order of the court sustaining defendant's demurrer to plaintiff's complaint. “A judgment sustaining a demurrer to the complaint is not a final judgment from which an appeal will lie.” Wise v. Spears, 200 Ala. 695, 76 So. 869; Gibbs v. Southern Express Company, 201 Ala. 506, 78 So. 860; Eslava v. Jones, 79 Ala. 287, 288.

Appeal dismissed.

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BRICKEN, Presiding Judge.

The appeal in this case was improvidently taken, and must be dismissed, for that no sufficient judgment or order has been made in the circuit court to sustain an appeal.

The only 'judgment found in this record is an order of the court sustaining defendant's demurrer to plaintiff's complaint. “A judgment sustaining a demurrer to the complaint is not a final judgment from which an appeal will lie.” Wise v. Spears, 200 Ala. 695, 76 So. 869; Gibbs v. Southern Express Company, 201 Ala. 506, 78 So. 860; Eslava v. Jones, 79 Ala. 287, 288.

Appeal dismissed.

City of Roanoke v. Fain, 179 So. 920, 28 Ala. App. 143, 1938 Ala. App. LEXIS 87 (Ala. Ct. App. 1938).

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Opinion

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