First Nat. Bank of Russellville v. Welch

Alabama Court of Appeals

First Nat. Bank of Russellville v. Welch

118 So. 675, 22 Ala. App. 615, 1928 Ala. App. LEXIS 257

CourtAlabama Court of Appeals

DecidedNovember 8, 1928

Docket8 Div. 702.

StatusPublished

Cited by4 cases

This text of 118 So. 675 (First Nat. Bank of Russellville v. Welch) 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

First Nat. Bank of Russellville v. Welch, 118 So. 675, 22 Ala. App. 615, 1928 Ala. App. LEXIS 257 (Ala. Ct. App. 1928).

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Opinion

BRICKEN, P. J.

This appeal is from an order vacating or dissolving an ancillary attachment. Summons and complaint was filed seeking a judgment for use and occupation of land, but there was no final judgment in the cause. There must be a valid judgment from which an appeal may be taken to support an appeal. If there be none such, the court will of its own motion dismiss the appeal. Further, in the absence-of such judgment this court is without jurisdiction. The purported appeal here is accordingly dismissed. Temple v. Dooley, 196 Ala. 360, 71 So. 683; Stanton v. Heard, 100 Ala. 515, 14 So. 359.

Appeal dismissed.

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BRICKEN, P. J.

This appeal is from an order vacating or dissolving an ancillary attachment. Summons and complaint was filed seeking a judgment for use and occupation of land, but there was no final judgment in the cause. There must be a valid judgment from which an appeal may be taken to support an appeal. If there be none such, the court will of its own motion dismiss the appeal. Further, in the absence-of such judgment this court is without jurisdiction. The purported appeal here is accordingly dismissed. Temple v. Dooley, 196 Ala. 360, 71 So. 683; Stanton v. Heard, 100 Ala. 515, 14 So. 359.

Appeal dismissed.

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Bluebook (online)

118 So. 675, 22 Ala. App. 615, 1928 Ala. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-russellville-v-welch-alactapp-1928.

Opinion

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