Mathis v. Oates

Supreme Court of Alabama

Mathis v. Oates

57 Ala. 112

CourtSupreme Court of Alabama

DecidedDecember 15, 1876

StatusPublished

Cited by2 cases

This text of 57 Ala. 112 (Mathis v. Oates) 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

Mathis v. Oates, 57 Ala. 112 (Ala. 1876).

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Opinion

STONE, J.

It has been repeatedly held in this court that when a voluntary non-suit is suffered in consequence of an adverse ruling on demurrer, such ruling on demurrer can not be reviewed in this court under section 2759, Bevised Code.—Paulling v. Marshall, 47 Ala. 270; Darden v. James, 48 Ala. 36; Welch v. Mayor, 48 Ala. 291; Hatchett v. Orme, in manuscript; Wyatt v. Evins, 52 Ala. 286; see, also, Palmer v. Bice, 28 Ala. 430; Vincent v. Rogers, 30 Ala. 474.

This being only a rule of practice, we are disinclined to disturb it, even if there were doubts of its correctness. Appeal dismissed.

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STONE, J.

It has been repeatedly held in this court that when a voluntary non-suit is suffered in consequence of an adverse ruling on demurrer, such ruling on demurrer can not be reviewed in this court under section 2759, Bevised Code.—Paulling v. Marshall, 47 Ala. 270; Darden v. James, 48 Ala. 36; Welch v. Mayor, 48 Ala. 291; Hatchett v. Orme, in manuscript; Wyatt v. Evins, 52 Ala. 286; see, also, Palmer v. Bice, 28 Ala. 430; Vincent v. Rogers, 30 Ala. 474.

This being only a rule of practice, we are disinclined to disturb it, even if there were doubts of its correctness. Appeal dismissed.

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Bluebook (online)

57 Ala. 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-oates-ala-1876.

Opinion

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