Supreme Court of Alabama, 1969

Simmons v. Hale

Simmons v. Hale
Supreme Court of Alabama · Decided March 13, 1969 · Lawson, Livingston, Merrill, Harwood
283 Ala. 685; 220 So. 2d 851; 1969 Ala. LEXIS 1259

Simmons v. Hale

Opinion of the Court

LAWSON, Justice,

This is an appeal from a decree sustaining a plea in abatement and dismissing the bill of complaint without awarding costs. Such a decree will not support an appeal. Dorrough v. McKee, 264 Ala. 663, 89 So.2d 77, and cases there -cited.

This court will ex mero motu "dismiss an appeal which is predicated on a nonappealable order. State ex rel. Powell et al. v. General Acceptance Corp., 269 Ala. 627, 114 So.2d 920.

Appeal dismissed.

LIVINGSTON, Cv J., and MERRILL and HARWOOD, JJ., concur.

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