Sanford v. Life Casualty Ins. Co. of Tennessee

Supreme Court of Alabama

Sanford v. Life Casualty Ins. Co. of Tennessee

156 So. 859, 229 Ala. 298, 1934 Ala. LEXIS 331

CourtSupreme Court of Alabama

DecidedOctober 11, 1934

Docket8 Div. 605.

StatusPublished

This text of 156 So. 859 (Sanford v. Life Casualty Ins. Co. of Tennessee) 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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Sanford v. Life Casualty Ins. Co. of Tennessee, 156 So. 859, 229 Ala. 298, 1934 Ala. LEXIS 331 (Ala. 1934).

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Opinion

PER CURIAM.

It may be conceded that the use of the word “sustained” in the judgment entry was equivalent to “granted,” but there is nothing in said judgment entry to show that the word “sustained” was followed up by an affirmative order of the court setting aside the judgment.

“When the judgment on the merits is in favor of a party appealing and there is no formal order or judgment setting the judgment aside, there can be nothing in the record prejudicial to the appellant or upon which he could predicate an appeal. The order or judgment granting a new trial and setting aside a former judgment is indispensable to the prosecution of an appeal based upon errors in granting a neio triail.” (Italics supplied.) 6 Mayfield’s Digest, p. 28; Chambers v. Morris, 144 Ala. 626, 39 So. 375.

Writ denied.

ANDERSON, O. J., and GARDNER, BOÜL-DIN, and FOSTER, JJ., concur.

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PER CURIAM.

It may be conceded that the use of the word “sustained” in the judgment entry was equivalent to “granted,” but there is nothing in said judgment entry to show that the word “sustained” was followed up by an affirmative order of the court setting aside the judgment.

“When the judgment on the merits is in favor of a party appealing and there is no formal order or judgment setting the judgment aside, there can be nothing in the record prejudicial to the appellant or upon which he could predicate an appeal. The order or judgment granting a new trial and setting aside a former judgment is indispensable to the prosecution of an appeal based upon errors in granting a neio triail.” (Italics supplied.) 6 Mayfield’s Digest, p. 28; Chambers v. Morris, 144 Ala. 626, 39 So. 375.

Writ denied.

ANDERSON, O. J., and GARDNER, BOÜL-DIN, and FOSTER, JJ., concur.

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156 So. 859, 229 Ala. 298, 1934 Ala. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-life-casualty-ins-co-of-tennessee-ala-1934.

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