Supreme Court of Alabama, 1934

Curry v. Kennedy

Curry v. Kennedy
Supreme Court of Alabama · Decided April 12, 1934 · No. 1 Div. 796. · Brown, Anderson, Thomas, Knight
154 So. 785; 228 Ala. 656; 1934 Ala. LEXIS 63 (Southern Reporter)
Curry v. Kennedy

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

BROWN, Justice.

The minute entry in the trial court relied on as a final judgment to support the appeal in this case is in the following words: “This cause coming on to be heard and because of the adverse ruling of the Court in sustaining demurrers to counts 1, 2, 3, 4, 5 and 6 of the complaint of plaintiff, plaintiff declines to plead further and takes a nonsuit and gives notice of appeal to the Supreme Court.”

This entry does not contain the essential elements of a final judgment sufficient to support an appeal, and the appeal must therefore be dismissed. Alston v. Marengo County Board of Education et al., 224 Ala. 676, 141 So. 658; Wood, use, etc., v. Coman et al., 56 Ala. 283.

Appeal dismissed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.