Simmons v. Hale

Decision Date13 March 1969
Docket Number2 Div. 523
Citation283 Ala. 685,220 So.2d 851
PartiesRobert C. SIMMONS, Jr. v. Vergil HALE et al.
CourtAlabama Supreme Court

Reeves & Stewart, Selma, for appellant.

Albert Copeland and James Garrett, Montgomery, for appellees.

LAWSON, Justice.

This is an appeal from a decree sustaining a plea in abatement and dismissing the bill of complaint without awarding costs. Such a decree will not support an appeal. Dorrough v. McKee, 264 Ala. 663, 89 So.2d 77, and cases there cited.

This court will ex mero motu dismiss an appeal which is predicated on a nonappealable order. State ex rel. Powell et al. v. General Acceptance Corp., 269 Ala. 627, 114 So.2d 920.

Appeal dismissed.

LIVINGSTON, C.J., and MERRILL and HARWOOD, JJ., concur.

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2 cases
  • Campbell v. Water Works and Gas Bd. of Town of Red Bay
    • United States
    • Alabama Supreme Court
    • March 8, 1973
    ... ... City Board of Education, 288 Ala. 474, 262 So.2d 296; State ex Rel. Powell et al. v. General Acceptance Corp., 269 Ala. 627, 114 So.2d 920; Simmons ... v. Hale, 283 Ala. 685, 220 So.2d 851; McGraw v. McGraw, supra ...         Ellis and Elizabeth Campbell brought this suit against Texas ... ...
  • Segers v. State
    • United States
    • Alabama Supreme Court
    • March 13, 1969

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