State v. Jabeles
| Decision Date | 15 January 1920 |
| Docket Number | 6 Div. 985 |
| Citation | 203 Ala. 670,85 So. 16 |
| Parties | STATE v. JABELES et al. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge.
Bill by the State of Alabama against the Jabeles Colias Confectionery Company, the Colias Candy Company, Penelope Jabeles, and others to condemn a building and lot in the city of Birmingham, because used in and about the manufacture of prohibited liquors and beverages. The respondents herein, the appellees, filed a special plea of res judicata; and from a decree overruling exceptions to the plea, the State appeals. Appeal dismissed.
J.Q. Smith, Atty. Gen., and Harwell G. Davis, Asst. Atty. Gen., for the State.
Weatherly, Deedmeyer & Birch, of Birmingham, for appellees.
This appeal is prosecuted by the state from a decree of the circuit court in equity, overruling exceptions to a special plea interposed by one of the appellees to its bill of complaint. While this order or decree was appealable under section 2838 of the Code of 1907, said section was amended by Acts 1915, p. 137, and, as amended, excludes decrees overruling or sustaining pleas.
The appeal must therefore be dismissed.
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Rowe v. Bonneau-Jeter Hardware Co.
... ... It merely enacts provisions ... which declare a status resulting from the federal act ... The ... law of each state determines when, how and on what property a ... judgment creates a lien. Straton v. New, supra; 4 Collier on ... Bankruptcy (14th Ed.) p. 81, note ... Title 7, Code of 1940; Bullen v. Bullen, 231 Ala ... 192, 164 So. 89; Worthington v. Morris, 212 Ala ... 334, 102 So. 620; State v. Jabeles, 203 Ala. 670, 85 ... But we ... not infrequently permit a limited review by mandamus in ... respect to certain interlocutory orders and ... ...
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Greenwood v. State ex rel. Bailes, 6 Div. 679.
... ... It was ... also there pointed out that appeals are of statutory origin, ... and, unless so provided, no appeal will lie (citing ... Robertson v. Montgomery Base Ball Association, 140 ... Ala. 320, 37 So. 241; Acker v. Green, 216 Ala. 445, ... 113 So. 411; State v. Jabeles, 203 Ala. 670, 85 So ... 16), and that, the question being a jurisdictional one, it is ... the duty of the court to dismiss the appeal ex mero motu ( ... Long v. Winona Coal Co., 206 Ala. 315, 89 So. 788; ... Minge v. Smith, 206 Ala. 330, 89 So. 473; City ... of Troy v. Murphree, 214 Ala ... ...
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48th Street Inv. Co. v. Fairfield-American Nat. Bank
... ... being within the provisions of the statute, and not final ... Section 6079, Code, Acts 1915, p. 137; State v ... Jabeles, 203 Ala. 670, 85 So. 16; Worthington v ... Morris, 212 Ala. 334, 102 So. 620; Sugar Factories ... Const. Co. v. Fies, 213 Ala ... ...
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Craig v. Craig
... ... sufficiency of a plea. Sugar Factories, etc., Co. v ... Fies, 213 Ala. 556, 105 So. 590; State v ... Jabeles, 203 Ala. 670, 85 So. 16; Worthington v ... Morris, 212 Ala. 334, 102 So. 620. In view of the fact, ... however, that this plea is ... ...