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MARSH v. WITTMEIER

6 Div. 76.

190 So.2d 920 (1966)

Jerry G. MARSH v. J. L. WITTMEIER.

Supreme Court of Alabama.

October 13, 1966.

Attorney(s) appearing for the Case

Rogers, Howard, Redden & Mills, Birmingham, for appellant.

Johnson & Randall, Oneonta, and Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.

COLEMAN, Justice.

The record indicates that the plaintiff undertook to suffer a voluntary nonsuit under § 819, Title 7, Code 1940, on account of a ruling sustaining a demurrer to the complaint. Plaintiff also undertakes to appeal to obtain review of that ruling. The judgment entry, in pertinent part recites:

"January 10, 1964. Comes this day the parties to this cause by their attorneys and in open court the plaintiff takes a non suit because of the adverse...

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