Du Courneau v. Board of Com'rs

Alabama Court of Appeals

Du Courneau v. Board of Com'rs

88 So. 27, 17 Ala. App. 627, 1920 Ala. App. LEXIS 242

CourtAlabama Court of Appeals

DecidedDecember 14, 1920

Docket1 Div. 396.

StatusPublished

Cited by1 cases

This text of 88 So. 27 (Du Courneau v. Board of Com'rs) 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.

Bluebook

Du Courneau v. Board of Com'rs, 88 So. 27, 17 Ala. App. 627, 1920 Ala. App. LEXIS 242 (Ala. Ct. App. 1920).

Pincite

Opinion

SAMFORD, J.

The judgment from which tbe appeal is taken is as follows:

“April 17th, 1920. .This day came the parties by their attorneys, and defendant’s eleventh and twelfth grounds of demurrers filed April 15, 1920, to the petition, coming on to be heard and being argued by counsel and understood by the court, it is therefore ordered and adjudged by the court that defendant’s eleventh and twelfth grounds of demurrers filed April 15, 1920, to the petition be, and the same are hereby, sustained.”

*628 This is not such a judgment as will support an appeál in mandamus proceedings. Code 1907, §§ 4866, 2843; State ex rel. Price v. Callaway, 16 Ala. App. 472, 79 South. 146.

There being no final judgment on the proceedings in the court below, this court is without jurisdiction to proceed, and therefore the appeal is dismissed.

Appeal dismissed.

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