Supreme Court of Alabama, 1947

Bertrand v. Taylor

Bertrand v. Taylor
Supreme Court of Alabama · Decided December 18, 1947 · Foster, Gardner, Lawson, Stakely
32 So. 2d 885; 250 Ala. 15 (Southern Reporter, Second Series)

Bertrand v. Taylor

Opinion of the Court

FOSTER, Justice.

The only feature of the record which is thought to be a judgment from which the appeal was taken is a memorandum which is presumably a docket entry as follows: “2/4/47. Demurrer overruled.”

Such an entry is not a decree in equity as it would not be a judgment at law, which will support an appeal. Mann v. Hyams, 101 Ala. 431, 13 So. 681. Many cases are cited in 2 Ala.Dig., Appeal and Error, 123: later cases are Wilbanks v. Mitchell, 239 Ala. 167, 194 So. 513; Watkins Co. v. Goggans, 242 Ala. 222, 5 So.2d 472.

If the entry was completed on the minutes of the court, or if the judge “formulated and formally rendered” a decree, it does not appear in this record. See Lanier v. Russell, 74 Ala. 364, 367.

It is necessary to dismiss the appeal because there is no decree to support it.

Appeal dismissed.

GARDNER, C. J., and LAWSON and STAKELY, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.