Couch v. Rodgers, 6 Div. 215
| Citation | 59 So.2d 809,257 Ala. 560 |
| Decision Date | 30 June 1952 |
| Docket Number | 6 Div. 215 |
| Parties | COUCH v. RODGERS et al. |
| Court | Supreme Court of Alabama |
Marvin Scott, Cullman, for appellant.
Julian Bland and Finis E. St. John, Cullman, for appellee.
Appellant filed this suit in the Circuit Court of Cullman County, Alabama, for damages for appellees' refusal to issue him a license to engage in trade of barbering in said county. Appellees' joint demurrer was sustained by the court below, whereupon the following judgment was entered:
The appeal is on the record with no bill of exceptions and the foregoing is all that appears in the record as to said nonsuit. Under Title 7, Section 819, Code 1940, an appeal from a judgment of nonsuit is authorized when necessitated by adverse rulings of the court. However, as is the case in appeals from final judgments generally, there must be a final judgment disposing of the cause, 'putting the case out of court.' Davison v. Stutts, 233 Ala. 491, 172 So. 600; Heffelfinger v. Lane, 239 Ala. 151, 194 So. 504. The foregoing judgment entry is not sufficient to support the instant appeal. Lathrop Lumber Co. v. Pioneer Lumber Co., 207 Ala. 522, 93 So. 427; Wallace v. Screws, 225 Ala. 187, 142 So. 572; Gladden v. Columbiana Sav. Bank, 235 Ala. 541, 180 So. 548; Biddle v. Employers Insurance Co. of Alabama, Inc., Ala.Sup., 58 So.2d 596.
Since the question is one of jurisdiction of this court, we must dismiss the appeal ex mero motu. It is so ordered.
Appeal dismissed.
To continue reading
Request your trial
-
Vacalis v. Lowry
...214, 95 So.2d 397; Bradford v. Engelhardt, 276 Ala. 201, 160 So.2d 485; Heffelfinger v. Lane, 239 Ala. 151, 194 So. 504; Couch v. Rodgers, 257 Ala. 560, 59 So.2d 809; Gorum v. Samuel, 274 Ala. 690, 151 So.2d So we come to a consideration of the question as to whether the decree of the trial......
-
Gorum v. Samuel, 3 Div. 938
...cause. this appeal, either on motion of appellee or ex mero motu, is due to be dismissed for lack of jurisdiction. Couch v. Rodgers et al., 257 Ala. 560, 59 So.2d 809. It is so The foregoing opinion was prepared by B. W. Simmons, Supernumerary Circuit Judge, while serving on the Supreme Cou......
-
Lewis v. Haynes, 7 Div. 361
...83 So.2d 321; Gladden v. Columbiana Sav. Bank, 235 Ala. 541, 180 So. 548; Thomas v. White, 244 Ala. 128, 12 So.2d 567. Cf. Couch v. Rodgers, 257 Ala. 560, 59 So.2d 809; Biddle v. Employers Ins. Co. of Alabama, 257 Ala. 276, 58 So.2d 596; Heffelfinger v. Lane, 239 Ala. 151, 194 So. It appear......
-
Townsend v. McCall, 6 Div. 587
...818; Gentry v. Swann Chemical Co., 234 Ala. 313, 174 So. 530; Biddle v. Employers Ins. Co., 257 Ala. 276, 58 So.2d 596; Couch v. Rodgers, 257 Ala. 560, 59 So.2d 809. The appeal should be The foregoing opinion was prepared by FOSTER, Supernumerary Justice of this Court, while serving on it a......