Buchanon v. City Bd. of Ed., 6 Div. 922
| Decision Date | 11 May 1972 |
| Docket Number | 6 Div. 922 |
| Parties | Mrs. Evelyn B. BUCHANON, a Taxpayer, Citizen, and Teacher v. CITY BOARD OF EDUCATION et al. |
| Court | Alabama Supreme Court |
Evelyn B. Buchanon, pro se.
No brief from appellees.
This appellant, representing herself, brought an action in the Circuit Court of Cullman County as a taxpayer, citizen, and teacher. Named as defendants were the City Board of Education of Cullman, the State Examiners of Public Accounts, the Superintendent of Education of the Cullman City Schools, the City Council of Cullman, and the AEA (Alabama Education Association), and James F. Berry.
The pleading, which was filed on the law side, charges as a pure conclusion acts of misfeasance and malfeasance on the part of the defendants in the matter of expenditure of school monies. The document is faulty in a variety of ways in attempting to state a cause of action.
At the hearing on the demurrers filed by the defendants, a long colloquy ensued between the court and the plaintiff. The court was most courteous, patient, and restrained. It seemed to be the view of the plaintiff that it was the duty of the court to draw her pleadings and also to ex mero motu obtain evidence to support such pleading.
The court sustained the demurrers and further decree that 'the plaintiff refusing to plead further, cause is dismissed and the plaintiff is taxed with costs.' There was no motion for a non-suit nor order granting a non-suit dismissing the cause and directing execution for the costs. The plaintiff has attempted to process an appeal.
The appellees have filed a motion to dismiss this appeal on the ground that the appellant has attempted to appeal from a ruling of demurrer, which is not a final judgment. The motion is well taken and must be granted. Mason v. McClain, 271 Ala. 93, 122 So.2d 519; Box v. Metropolitan Life Ins. Co., 232 Ala. 1, 168 So. 216; Bass v. City of Enterprise, 286 Ala. 522, 243 So.2d 359.
It clearly appears from an examination of this record that the appellant could gain nothing from an appeal even though no compelling cause for granting the appellees' motion to dismiss be present.
Appellant has assigned four errors. Assignment of error 1 relates to the action of the court in sustaining the demurrer to her original pleading. As before stated, there was no palpable cause of action stated therein. Assignments of error 2, 3, and 4, are defective in both form and substance and present nothing...
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...v. Hodgens, 210 Ala. 486, 98 So. 467; Blackford v. Jefferson Specialties, Inc., 286 Ala. 205, 238 So.2d 706; Buchanon v. City Board of Education, 288 Ala. 474, 262 So.2d 296; State ex Rel. Powell et al. v. General Acceptance Corp., 269 Ala. 627, 114 So.2d 920; Simmons v. Hale, 283 Ala. 685,......
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... ... J. C. HOPKINS and Martha W. Hopkins ... 4 Div. 417 ... Supreme Court of Alabama ... May 11, ... Jones v. City of Birmingham, 284 Ala. 276, 224 So.2d 632 ... attaches to respondent's assignments of error 6 and 7 ... Assignment of error 5 ... ...
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Guilford v. Spartan Food Systems, Inc.
...plaintiff could have obtained a result similar to that formerly available under § 819 and as discussed in Buchanon v. City Board of Education, 288 Ala. 474, 262 So.2d 296 (1972); Bass v. City of Enterprise, 286 Ala. 522, 243 So.2d 359 (1970); and Cooper v. City of Fairhope, 263 Ala. 619, 83......
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Buchanon v. Cullman City Bd. of Ed.
...of Education v. Buchanon, 45 Ala.App. 357, 231 So.2d 134 (1970); cert. den., 285 Ala. 754, 231 So.2d 137 (1970); Buchanon v. City Board of Education, 288 Ala. 474, 262 So.2d 296, May 11, 1972. In each case, she has represented On this appeal, she has asked this Court to grant her 'justice.'......