Throne Franklin Shoe Co. v. Gunn
Cases that cite this one
9 later published cases cite this decision.
- W. K. Syson Timber Co. v. State (Ala. Ct. App. 1929)
- Alabama Public Service Commission v. Alabama Power Co. (Ala. 1925)
- Worthington v. Morris (Ala. 1925)
- Bell v. King (Ala. 1924)
- Bennett v. Hall (Ala. 1914)
- Thomas v. Thomas (Ala. 1909)
- Aston v. Dodson (Ala. 1909)
- Sumner v. Hill (Ala. 1908)
- Bickley v. Bickley (Ala. 1900)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The appeal in this case is from a decree sustaining a demurer to a cross-bill and dismissing the same on motion for want of equity. It is an interlocutory decree, that does not come within the provisions of section 427 of .the Code, and from which an appeal will lie.—Barclay v. Spragins, 80 Ala. 357; Jones v. Woodstock Iron Co. 90 Ala. 545; Festorazza v. Catholic Church, 96 Ala. 178; Nabors v. Morris Mining Co., 103 Ala. 543; Buford v. Ward, 108 Ala. 307.
The statute not authorizing the appeal, this court has no jurisdiction of the subject matter, and will, therefore, ex mero motu dismiss the appeal.—Nabors v. Morris, supra; Clark v. Spencer, 80 Ala. 345, and authorities above cited.
Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.