Bradford v. Engelhardt
Bradford v. Engelhardt
Opinion of the Court
Appellant (plaintiff below) voluntarily took a nonsuit with bill of exceptions in his suit filed in the Circuit Court of Blount County after the ¡court sustained defendant’s demurrers to each count of the complaint.
In the absence of a final judgment meeting the mandates of law, there is nothing for this court to review.
The matter is jurisdictional. It cannot be waived: We must dismiss the appeal ex mero motu; and it is so ordered by the court. Martin v. Alabama Power Company, 208 Ala. 212, 94 So. 76; Lathrop Lumber Company v. Pioneer Lumber Company, 207 Ala. 522, 93 So. 427.
The foregoing opinion was prepared by !B: W. SIMMONS, Supernumerary Circuit Judge, and was adopted by the court as its ■opinion.
- Appeal dismissed.
Reference
- Full Case Name
- C. M. Bradford v. Sam Engelhardt, Highway Director.
- Cited By
- 4 cases
- Status
- Published