Curry v. Kennedy
Supreme Court of Alabama
Curry v. Kennedy, 154 So. 785 (Ala. 1934)
228 Ala. 656; 1934 Ala. LEXIS 63
Brown, Anderson, Thomas, Knight
Curry v. Kennedy
Opinion of the Court
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.
Reference
- Full Case Name
- Curry v. Kennedy.
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- 1 case
- Status
- Published