Bentley v. Knox, 4 Div. 702
| Decision Date | 22 January 1953 |
| Docket Number | 4 Div. 702 |
| Citation | 258 Ala. 377,62 So.2d 921 |
| Parties | BENTLEY et al. v. KNOX. |
| Court | Alabama Supreme Court |
Albert L. Patterson, Phenix City, for appellants.
V. Cecil Curtis, Phenix City, for appellee.
G. H. Knox brought this suit against Hugh Bentley and Hugh Britton for damages growing out of an alleged malicious prosecution. The complaint consists of five counts to which demurrers were interposed. The court entered an order overruling the demurrers. From this order the appellants have sought to bring this appeal.
This court is without jurisdiction to entertain an appeal except from a final judgment or decree or unless it be from certain interlocutory orders provided by statute. § 754, Title 7, Code of 1940; Gibbs v. Southern Express Co., 201 Ala. 506, 78 So. 860. And if it be determined that the judgment is not final, it is the duty of the court to dismiss the appeal on its own motion. Wood v. Finney, 207 Ala. 160, 92 So. 264. An order overruling a demurrer to a complaint on the law side of the court is not a final judgment. Box v. Metropolitan Life Ins. Co., 232 Ala. 1, 168 So. 216.
The appeal is dismissed.
To continue reading
Request your trial
-
Vacalis v. Lowry
...v. Marengo County Board of Education, 224 Ala. 676, 141 So. 658; Holland v. Dwight Mfg. Co., 231 Ala. 506, 165 So. 756; Bentley v. Knox, 258 Ala. 377, 62 So.2d 921; Tarvin v. Tarvin, 266 Ala. 214, 95 So.2d 397; Bradford v. Engelhardt, 276 Ala. 201, 160 So.2d 485; Heffelfinger v. Lane, 239 A......
-
Byrd v. Sorrells
...134 So. 874. The same rule, of course, applies in regard to judgments entered on the law side of the circuit court. See Bentley v. Knox, 258 Ala. 377, 62 So.2d 921. It is not insisted, and it could not be successfully done, that the decree presently under consideration is of the kind of int......
-
Taylor v. Major Finance Co., Inc.
...that a decree is not final, to dismiss the appeal on its own motion. Wood v. Finney, 207 Ala. 160, 92 So. 264 (1922); Bentley v. Knox, 258 Ala. 377, 62 So.2d 921 (1953). decrees rendered on November 9, 1970 and March 26, 1971. The 'final decree' of November 9, 1970, sustained demurrers of t......
- Ellison v. City of Talladega, 7 Div. 238