Gibbs v. Southern Express Co.

Supreme Court of Alabama

Gibbs v. Southern Express Co.

78 So. 860, 201 Ala. 506, 1918 Ala. LEXIS 89

CourtSupreme Court of Alabama

DecidedApril 4, 1918

Docket8 Div. 115.

StatusPublished

Cited by4 cases

This text of 78 So. 860 (Gibbs v. Southern Express 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.

Bluebook

Gibbs v. Southern Express Co., 78 So. 860, 201 Ala. 506, 1918 Ala. LEXIS 89 (Ala. 1918).

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Opinion

ANDERSON, C. J.

[1, 2] This is an action at law in the circuit court, and we find no final judgment in the record which would support an appeal under section 2837 of the Code of 1907, or any other statute. The only judgment that we find is one sustaining the defendant’s demurrer to the complaint, and if there is a local law authorizing an appeal from such a ruling before the rendition of a final judgment in the case, the same has not been'brought to our attention, nor have we been able to find such a provision. This court therefore is without jurisdiction to consider the rulings assigned as error in the absence of such a judgment as will support an • appeal. The appeal is therefore dismissed.

Appeal dismissed.

McClellan, sayre, and Gardner, JJ., concur.

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ANDERSON, C. J.

[1, 2] This is an action at law in the circuit court, and we find no final judgment in the record which would support an appeal under section 2837 of the Code of 1907, or any other statute. The only judgment that we find is one sustaining the defendant’s demurrer to the complaint, and if there is a local law authorizing an appeal from such a ruling before the rendition of a final judgment in the case, the same has not been'brought to our attention, nor have we been able to find such a provision. This court therefore is without jurisdiction to consider the rulings assigned as error in the absence of such a judgment as will support an • appeal. The appeal is therefore dismissed.

Appeal dismissed.

McClellan, sayre, and Gardner, JJ., concur.

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Bluebook (online)

78 So. 860, 201 Ala. 506, 1918 Ala. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-southern-express-co-ala-1918.

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