Preddy v. Herren Sales Co.
Cases that cite this one
5 later published cases cite this decision.
- Nelson v. Darling Shop of Birmingham, Inc. (Ala. 1963)
- Slaton v. Slaton (Ala. 1962)
- Robinson Co. v. Beck (Ala. 1954)
- Ex Parte State Ex Rel. Denson (Ala. 1946)
- Ford v. Ford (Ala. 1928)
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
A final decree was rendered in this cause November 18, 1925. Thereafter the appellant moved the court to set aside said decree, and, after being passed from time to time, the motion was overruled February 16, 1926, and it is from this last decree overruling the motion that this appeal is prosecuted. This decree will not support an appeal, which must be dismissed upon the authority of Wood v. Finney, 207 Ala. 160, 92 So. 264.
Appeal dismissed.
Addendum
On Rehearing.
The appellant upon application for rehearing seeks for the first time a mandamus to review this nonappealable decree. True, this court has on former occasions awarded mandamus to review certain nonappealable orders or decrees, but the writ was asked for in the alternative upon the submission of the cause. Whether or not mandamus would be appropriate to review the order in question we need not decide, for the reason that the application for same comes too late. Cornelius v. Moore, 208 Ala. 237, 94 So. 57.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.