Bertrand v. Taylor
| Decision Date | 18 December 1947 |
| Docket Number | 1 Div. 287. |
| Citation | 32 So.2d 885,250 Ala. 15 |
| Court | Alabama Supreme Court |
| Parties | BERTRAND et al. v. TAYLOR. |
Hubert M. Hall, of Bay Minette, for appellants.
C. G. Chason, of Foley, for appellee.
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: 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, k123: 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.
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Frank v. Johnson
...this statement: Wilbanks v. Mitchell, 239 Ala. 167, 194 So. 513; J. R. Watkins Co. v. Goggans, 242 Ala. 222, 5 So.2d 472; Bertrand v. Taylor, 250 Ala. 15, 32 So.2d 885; Jones v. Daniel, 34 Ala.App. 490, 41 So.2d 627; Cooper v. Owen, 230 Ala. 316, 161 So. 98; Mt. Vernon-Woodberry Mills v. Un......
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Dawson v. Campbell
...258 Ala. 700, 65 So.2d 152; Creson v. Main, 254 Ala. 369, 48 So.2d 306; Weems v. Weems, 253 Ala. 205, 43 So.2d 397; Bertrand v. Taylor, 250 Ala. 15, 32 So.2d 885; J. R. Watkins Co. v. Goggans, 242 Ala. 222, 5 So.2d 472; Wilbanks v. Mitchell, 239 Ala. 167, 194 So. 513; Cooper v. Owen, 230 Al......
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Cooper v. Mann
...258 Ala. 700, 65 So.2d 152; Creson v. Main, 254 Ala. 369, 48 So.2d 306; Weems v. Weems, 253 Ala. 205, 43 So.2d 397; Bertrand v. Taylor, 250 Ala. 15, 32 So.2d 885; J. R. Watkins Co. v. Goggans, 242 Ala. 222, 5 So.2d 472; Wilbanks v. Mitchell, 239 Ala. 167, 194 So. 513; Cooper v. Owen, 230 Al......
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Hunter v. Parkman, 4 Div. 530
...We call attention to the fact that such an order is not a decree which will support an appeal or an assignment of error. Bertrand v. Taylor, 250 Ala. 15, 32 So.2d 885. The court then proceeded to hear the cause and rendered a final decree on the evidence taken ore tenus before him, without ......