Mangham v. Mangham, 5 Div. 628
| Decision Date | 28 November 1955 |
| Docket Number | 5 Div. 628 |
| Citation | 263 Ala. 672,83 So.2d 721 |
| Parties | Wylie P. MANGHAM v. Mae Clements MANGHAM. |
| Court | Alabama Supreme Court |
Wm. C. Hare and Harry D. Raymon, Tuskegee, for appellant.
L. J. Tyner, Opelika, and Edw. H. Reynolds, Notasulga, for appellee.
This is an appeal from the Circuit Court of Macon County, Alabama, in Equity. The threshold question is whether or not a decree was entered in this cause that will support an appeal.
The appellant and appellee are husband and wife. The complainant-appellee filed her bill of complaint on 8 February 1955 seeking a divorce from the respondent-appellant and other relief involving certain real and personal property. On 8 March 1955 the appellant respondent demurred to the bill of complaint. A hearing on the demurrer was set by the Court for 30 June 1955. The only ruling of the Court on this demurrer as reflected by the record now before us is:
'Bench Note
'Will O. Walton, Judge'
There is no other ruling or decree in the record relative to the trial Judge's action on the demurrer.
The Court has uniformly held that to support an appeal there must be a judgment or decree complete in itself; it must appear to be the act, the adjudication of the Court, and not a mere memorandum of its acts. Herrington v. Hudson, 262 Ala. 510, 80 So.2d 519; Creson v. Main, 254 Ala. 369, 48 So.2d 306; Bertrand v. Taylor, 250 Ala. 15, 32 So.2d 885; Aplin v. Dean, 231 Ala. 320, 164 So. 737; Skidmore v. H. C. Whitmer Co., 221 Ala. 561, 130 So. 194; Alabama Nat. Bank v. Hunt, 125 Ala. 512, 28 So. 488; Crawford v. Crawford, 119 Ala. 34, 24 So. 727; Condon v. Enger & Co., 113 Ala. 233, 21 So. 227; Mann v. Hyams, 101 Ala. 431, 13 So. 681.
As was said in the case of Park v. Lide, 90 Ala. 246, 7 So. 805, which was also an appeal on demurrer to a bill of complaint:
In view of the long unbroken line of...
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Dawson v. Campbell
...Ala. 505, 114 So.2d 267; Russell v. Russell, 266 Ala. 189, 95 So.2d 80; Mickwee v. Boteler, 265 Ala. 544, 93 So.2d 151; Mangham v. Mangham, 263 Ala. 672, 83 So.2d 721; Herrington v. Hudson, 262 Ala. 510, 80 So.2d 519; Hiller v. Goodwin, 258 Ala. 700, 65 So.2d 152; Creson v. Main, 254 Ala. 3......
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Cooper v. Mann
...or assignment of error. Russell v. Russell, 266 Ala. 189, 95 So.2d 80; Mickwee v. Boteler, 265 Ala. 544, 93 So.2d 151; Mangham v. Mangham, 263 Ala. 672, 83 So.2d 721; Herrington v. Hudson, 262 Ala. 510, 80 So.2d 519; Hiller v. Goodwin, 258 Ala. 700, 65 So.2d 152; Creson v. Main, 254 Ala. 36......
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Mickwee v. Boteler
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