Sanford v. Life & Casualty Ins. Co. of Tennessee

• Decision Date: 11 October 1934
• Docket Number: 8 Div. 605.
• Citation: 156 So. 859,229 Ala. 298
• Parties: SANFORD v. LIFE & CASUALTY INS. CO. OF TENNESSEE.
• Court: Alabama Supreme Court

156 So. 859

229 Ala. 298

SANFORD v. LIFE & CASUALTY INS. CO. OF TENNESSEE.

8 Div. 605.

Supreme Court of Alabama

October 11, 1934

Certiorari to Court of Appeals.

Osie Sanford sued Life & Casualty Company of Tennessee, and from a judgment granting defendant's motion for a new trial appealed to the Court of Appeals. The appeal being there dismissed, plaintiff (appellant) brings this petition for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Sanford v. Life & Casualty Ins. Co. of Tenn., 156 So. 858.

Writ denied.

Melvin Hutson and O. Kyle, both of Decatur, for petitioner.

A. J. Harris, of Decatur, for respondent.

PER CURIAM.

It may be conceded that the use of the word "sustained" in the judgment entry was equivalent to "granted," but there is nothing in said judgment entry to show that the word "sustained" was followed up by an affirmative order of the court setting aside the judgment.

"When the judgment on the merits is in favor of a party appealing and there is no formal order or judgment setting the judgment aside, there can be nothing in the record prejudicial to the appellant or upon which he could predicate an appeal. The order or judgment granting a new trial and setting aside a former judgment is indispensable to the prosecution of an appeal based upon errors in granting a new trial." (Italics supplied.) 6 Mayfield's Digest, p. 28; Chambers v. Morris, 144 Ala. 626, 39 So. 375.

Writ denied.

ANDERSON, C.J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.