Wilbanks v. Mitchell

GARDNER, Justice.

Following the ruling in this Court that her bill was without equity (Wilbanks v. Mitchell, 237 Ala. 3, 184 So. 894), the cause was transferred to the law side of the docket where plaintiff filed her complaint, and after a ruling on demurrer to the original complaint, and sustaining a motion to strike certain parts of amended counts, — she took a voluntary nonsuit, and appeals on the record proper, without bill of exceptions. Wimbush v. State, 237 Ala. 153, 186 So. 145; section 9459, Code of 1923.

But the record discloses no such judgment either on the demurrer or the motion,…