State v. Kemp
| Decision Date | 13 January 1921 |
| Docket Number | 6 Div. 153 |
| Citation | 205 Ala. 201,87 So. 836 |
| Parties | STATE ex rel. WRIGHT v. KEMP. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge.
Quo warranto by the State of Alabama, on the relation of D.N. Wright, seeking to inquire by what warrant or authority W.T. Kemp holds and exercises the office of deputy sheriff of the Bessemer division of the Jefferson circuit court. From a decree sustaining demurrers to the petition, relator appeals. Appeal dismissed.
Goodwyn & Ross, of Bessemer, for appellant.
Burgin & Jenkins, of Birmingham, for appellee.
This appeal is from the judgment of the circuit court sustaining demurrers to the information or complaint. It is conceded that there was no dismissal of the complaint, and that the judgment is not a final judgment, within the purview of section 2837 of the Code, but the appellant insists that the appeal may be sustained under the provisions of section 2843 of the Code. This latter section has been construed to authorize an appeal from the order of the judge granting or refusing temporary writs, and not from judgments or orders of the court. State ex rel. v. Crook, Judge, 123 Ala. 657, 27 So. 334.
Section 5470, authorizing an appeal by either party to a quo warranto proceeding, does not specify from what judgment such appeal may be taken, and must be construed in connection with section 2837, authorizing appeals from final judgments or decrees.
The judgment here, not being a final judgment, will not sustain an appeal, and the appeal will therefore be dismissed. Wise v. Spears, 200 Ala. 695, 76 So. 869.
Appeal dismissed.
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...questions of a constitutional nature. 4 Code of Alabama 1940, Title 15, §§ 1-43, and § 369, as amended. 5 Citing State ex rel. Wright v. Kemp, 205 Ala. 201, 87 So. 836; Wise v. Spears, 200 Ala. 695, 76 So. 869; "and other cases too numerous to 6 Latham v. State, 262 Ala. 108, 77 So.2d 502, ......