Graves v. Barganier, 3 Div. 946.
| Decision Date | 28 May 1931 |
| Docket Number | 3 Div. 946. |
| Citation | 134 So. 874,223 Ala. 167 |
| Parties | GRAVES ET AL. v. BARGANIER ET AL. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge.
Bill in equity by Joe Graves and others against Ella Barganier and others. From a decree striking the bill of complaint, complainants appeal.
Appeal dismissed.
C. E. O. Timmerman, of Montgomery, for appellants.
Steiner, Crum & Weil and Hill, Hill, Whiting, Thomas & Rives, all of Montgomery, for appellees.
This appeal is from an order or decree of the circuit court, in equity, striking from the file the bill of complaint. In the case of Hayes v. Hayes, 192 Ala. 280, 68 So. 351, this court held that it was without jurisdiction to entertain an appeal from orders of the lower court in chancery unless such a decree or order is either a final decree or is one of the certain interlocutory orders provided by statute. The decree in question is not one of the interlocutory ones provided by statute, nor is it such a final decree as will support an appeal. Whatever may be the rule in other jurisdictions, our court has long been committed to the rule that an order of the trial court in striking a complaint without more will not support an appeal, but can be reviewed by mandamus. Davis v. McColloch, 191 Ala. 520, 67 So. 701, and cases cited.
Appeal dismissed.
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City of Birmingham v. Hallmark, 6 Div. 22
...191 Ala. 520, 67 So. 701; Cooper v. Cooper, 216 Ala. 366, 113 So. 239; Ex parte Adams, 216 Ala. 241, 113 So. 235; Graves v. Barganier, 223 Ala. 167, 134 So. 874; Townsend v. McCall, 262 Ala. 235, 78 So.2d 310; Ex parte Maddox, 265 Ala. 114, 89 So.2d We have gone to the original record of al......
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...Co., 126 Ala. 184, 28 So. 660; Ex parte Jonas, 186 Ala. 567, 64 So. 960; Hayes v. Hayes, 192 Ala. 280, 68 So. 351; Graves v. Barganier, 223 Ala. 167, 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 ......
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...and mandamus is not the proper remedy to revise the action of the trial court. Ex parte Hendree, 49 Ala. 360. * * *' In Graves v. Barganier, 223 Ala. 167, 134 So. 874, on an appeal from a decree striking the bill of complaint in an equity case, the author of the opinion in the Adams case, s......
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