Alabama Court of Appeals, 1920

Du Courneau v. Board of Com'rs

Du Courneau v. Board of Com'rs
Alabama Court of Appeals · Decided December 14, 1920 · Samford
88 So. 27; 17 Ala. App. 627; 1920 Ala. App. LEXIS 242 (Southern Reporter)

Du Courneau v. Board of Com'rs

Opinion of the Court

SAMFORD, J.

The judgment from which tbe appeal is taken is as follows:

“April 17th, 1920. .This day came the parties by their attorneys, and defendant’s eleventh and twelfth grounds of demurrers filed April 15, 1920, to the petition, coming on to be heard and being argued by counsel and understood by the court, it is therefore ordered and adjudged by the court that defendant’s eleventh and twelfth grounds of demurrers filed April 15, 1920, to the petition be, and the same are hereby, sustained.”

*628 This is not such a judgment as will support an appeál in mandamus proceedings. Code 1907, §§ 4866, 2843; State ex rel. Price v. Callaway, 16 Ala. App. 472, 79 South. 146.

There being no final judgment on the proceedings in the court below, this court is without jurisdiction to proceed, and therefore the appeal is dismissed.

Appeal dismissed.

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