RUSSELL v. RUSSELL

8 Div. 900.

95 So.2d 80 (1957)

J. T. RUSSELL v. Virginia RUSSELL.

Supreme Court of Alabama.


Attorney(s) appearing for the Case

Powell & Powell, Decatur, for appellant.

Russell W. Lynne, Decatur, for appellee.


PER CURIAM.

There is a motion to dismiss the appeal in this case, but it is not based upon the insufficiency of the court's ruling to support an appeal. We must take judicial notice of the question whether there is a sufficient judgment on the ruling to support an appeal. Upon an examination of the judgment entry we find there is no adjudication or judgment by the court but only the expession of an opinion that the demurrer to the bill is not well taken. Such a state of the record is not sufficient to support an appeal. Section 755, Title 7, Code, provides for an appeal from an interlocutory decree overruling or sustaining a demurrer to a bill in equity; but to justify an appeal upon the basis of that statute there must be a decree or judgment and not a mere expression of opinion by the court. It is therefore necessary for us to order a dismissal of the appeal without considering the grounds of the motion made to dismiss it.

The foregoing opinion was prepared by FOSTER, Supernumerary Justice of this Court, while serving on it at the request of the Chief Justice under authority of Title 13, section 32, Code, and was adopted by the Court as its opinion.

Appeal dismissed.

LIVINGSTON, C. J., and LAWSON, STAKELY and MERRILL, JJ., concur.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases