Scott v. First Nat. Bank

Supreme Court of Alabama

Scott v. First Nat. Bank

59 So. 303, 178 Ala. 272, 1912 Ala. LEXIS 354

DecidedJune 29, 1912

StatusPublished

This text of 59 So. 303 (Scott v. First Nat. Bank) 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

Scott v. First Nat. Bank, 59 So. 303, 178 Ala. 272, 1912 Ala. LEXIS 354 (Ala. 1912).

Pincite

Opinion

DOWDELL, C. J.

The appeal in this case is prosecuted from a decree on demurrers to the bill. The decree is purely interlocutory, and from which an appeal is authorized by the statute within 30 days from its rendition. The present appeal was not taken until long after the expiration of 30 days. The motion, therefore, to dismiss the appeal must prevail.

No appeal lies from a decree overruling a motion to strike parts of a bill; and the fact that the decree here appealed from embraced such a ruling is of no consequence.

Appeal dismissed.

All the Justices concur.

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DOWDELL, C. J.

The appeal in this case is prosecuted from a decree on demurrers to the bill. The decree is purely interlocutory, and from which an appeal is authorized by the statute within 30 days from its rendition. The present appeal was not taken until long after the expiration of 30 days. The motion, therefore, to dismiss the appeal must prevail.

No appeal lies from a decree overruling a motion to strike parts of a bill; and the fact that the decree here appealed from embraced such a ruling is of no consequence.

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

59 So. 303, 178 Ala. 272, 1912 Ala. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-first-nat-bank-ala-1912.