Wallace v. Screws

Decision Date09 June 1932
Docket Number2 Div. 7.
PartiesWALLACE v. SCREWS ET AL.
CourtAlabama Supreme Court

Appeal from Circuit Court, Dallas County; John Miller, Judge.

Action by Euna Wallace, a minor suing by her next friend, Myrtle Wallace, against H. J. Screws and the United States Fidelity & Guaranty Company. From a judgment of nonsuit, plaintiff appeals.

Appeal dismissed.

G. C. Walker, of Clanton, and L. H. Ellis, of Columbiana, for appellant.

Arthur M. Pitts, of Selma, for appellees.

BROWN, J.

A final judgment disposing of the case and allowing the defendant "to go hence" is essential to confer jurisdiction on this court to review the rulings of the circuit court, under section 6431 of the Code. Wood, use, &c. v. Coman et al., 56 Ala. 283; Eslava v. Jones, 79 Ala. 287; Martin v. Alabama Power Co., 208 Ala. 212, 94 So. 76; State ex rel. Wright v. Kemp, 205 Ala. 201, 87 So. 836; Wise et al. v. Spears et al., 200 Ala. 695, 76 So. 869; Alston v. Marengo County Board of Education (Ala. Sup.) 141 So. 658.

Under the rulings in the cases cited, the judgment in the instant case will not support an appeal, and the appeal must, therefore, be dismissed.

Appeal dismissed.

ANDERSON, C.J., and THOMAS and KNIGHT, JJ., concur.

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7 cases
  • Franklin Life Ins. Co. v. Ward
    • United States
    • Alabama Supreme Court
    • February 9, 1939
    ... ... 254, 68 So ... 265; State v. Grayson, 220 Ala. 12, 123 So. 573; ... Jemison v. Town of Ft. Deposit, 214 Ala. 471, 108 ... So. 397; Wallace v. Screws, 225 Ala. 187, 142 So ... 572; Alston v. Marengo County Board of Education, ... 224 Ala. 676, 141 So. 658; Lathrop Lumber Co. v. Pioneer ... ...
  • Campbell v. Water Works and Gas Bd. of Town of Red Bay
    • United States
    • Alabama Supreme Court
    • March 8, 1973
    ...Marsh v. Wittmeier, 280 Ala. 172, 190 So.2d 920; State v. Reece, Minor 266; State v. Grayson, 220 Ala. 12, 123 So. 573; Wallace v. Screws, 225 Ala. 187, 142 So. 572; Alston v. Marengo County Board of Education, 224 Ala. 676, 141 So. 658; Wise v. Spears, 200 Ala. 695, 76 So. 869; State ex re......
  • Gladden v. Columbiana Sav. Bank
    • United States
    • Alabama Supreme Court
    • April 14, 1938
    ... ... This was the final judgment from which ... the appeal was taken. First National Bank v. Garrison, ... Ala.Sup., 177 So. 631; Wallace v. Screws, 225 ... Ala. 187, 142 So. 572; Steiner Bros. v. First National ... Bank of Birmingham, 115 Ala. 379, 22 So. 30; De ... Graffenried v ... ...
  • Mitchell v. National Life & Accident Ins. Co.
    • United States
    • Alabama Court of Appeals
    • October 7, 1941
    ... ... appellant cannot be considered by this court ... As ... recited by Mr. Justice Brown of our Supreme Court in Wallace ... v. Screws et al., 225 Ala. 187, 142 So. 572: ... "A ... final judgment disposing of the case and allowing the ... defendant 'to go ... ...
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