Flowers v. Auto Mut. Indemnity Co.

Supreme Court of Alabama

Flowers v. Auto Mut. Indemnity Co.

180 So. 705, 236 Ala. 30, 1938 Ala. LEXIS 54

CourtSupreme Court of Alabama

DecidedApril 21, 1938

DocketDiv. 224.

StatusPublished

Cited by6 cases

This text of 180 So. 705 (Flowers v. Auto Mut. Indemnity Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Flowers v. Auto Mut. Indemnity Co., 180 So. 705, 236 Ala. 30, 1938 Ala. LEXIS 54 (Ala. 1938).

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Opinion

BROWN, Justice.

This appeal is from a decree of the circuit court holding that the defendant’s answer to the bill, filed by appellee against appellant, to enjoin an action at law, is insufficient and subj ect to demurrer.

It is a familiar principle of equity practice that a demurrer will not lie to an answer to bill in equity, and exceptions to an answer, while permissible, are rendered useless by the provisions of section 6547 of the Code 1923, except to rid such answer of scandalous matter. Code 1923, § 6564.

The statute does not authorize an appeal from such decree. Code 1923, § 6079.

Appeal is dismissed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

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