Mann v. Hyams
| Decision Date | 27 July 1893 |
| Citation | 13 So. 681,101 Ala. 431 |
| Parties | MANN ET AL. v. HYAMS, ET AL. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; Thomas M. Arrington, Judge.
Bill by J. & H. Mann & Co. and others against Samuel Hyams and others to have a certain sale set aside as illegal, fraudulent, and void. From a judgment for defendants, plaintiffs appeal. Appeal dismissed.
Richardson & Reese, for appellants.
Tompkins & Troy, Arrington & Graham, and A. A. Wiley, for appellees.
The statute (Code, § 3612) authorizes an appeal to be taken from a decree sustaining or overruling a demurrer to a bill in equity. The appeal in this case purports to be taken from a decree of the city court sustaining a demurrer to the bill, and errors are assigned on such an alleged decree. But, on examination, we find no such decree in the record. In the transcript of the docket entries of the chancellor appears the following entry: This is no decree, and, without one, an appeal does not lie to this court. The cause must be here dismissed. Bell v. Otts, (Ala.) 13 South. Rep. 43; Wagnon v. Keenan, 77 Ala. 519; Joyner v. State, 78 Ala. 448; Ayers v. State, 71 Ala. 11.
Dismissed.
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Dawson v. Campbell
...v. Alabama Midland Railway Co., 123 Ala. 227, 26 So. 165; Jasper Mercantile Co. v. O'Rear, 112 Ala. 247, 20 So. 583; Mann v. Hyams, 101 Ala. 431, 13 So. 681. We have held that judicial notice must be taken of the absence of a judgment or decree supporting an appeal, Cooper v. Mann, supra; R......
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Cooper v. Mann
...v. Alabama Midland Railway Co., 123 Ala. 227, 26 So. 165; Jasper Mercantile Co. v. O'Rear, 112 Ala. 247, 20 So. 583; Mann v. Hyams, 101 Ala. 431, 13 So. 681. We must take judicial notice whether there is a judgment or decree supporting an appeal. Russell v. Russell, There is no alternative ......
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Mangham v. Mangham, 5 Div. 628
...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 'This record ......
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Bertrand v. Taylor
... ... [32 So.2d 886.] ... 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, ... ...