Etowah Mining Co. v. Wills Valley Mining & Mfg. Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. J. It. Dowdell. The Wills Valley Mining and Manufacturing Company and others brought a creditors’ bill against the Etowah Mining Company and others. The defendants answered and prayed that the answer be taken as a cross bill. The original bill was dismissed at the instance of the'complainants.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. J. It. Dowdell. The Wills Valley Mining and Manufacturing Company and others brought a creditors’ bill against the Etowah Mining Company and others. The defendants answered and prayed that the answer be taken as a cross bill. The original bill was dismissed at the instance of the'complainants. Prior to the dismissal, the court had made an order directing the payment hy the register of certain moneys to the Wills Valley Mining & Manufacturing Company. After the original bill had beeu dismissed, the court granted to the respondents…
1Opinion of the Court
SHAEPE, J.-
— This appeal, as appears from the certificate of the register, the notice of appeal and the security for costs, is alone from the decree dismissing the cross-bill rendered subsequent to the dismissal Of the original bill. The order dismissing the original bill was a final order and not having been appealed from this court is without jurisdiction to review it.—Ones v. Woodstock Iron Co., 90 Ala. 545; Carroll v. Richardson, 87 Ala. 605; Barclay v. Spraggins, 80 Ala. 357. It could not properly be assigned for error here and the joinder in error does not confer the…
2Cases cited11 opinions
- Loeb v. . WillisNew York Court of Appeals · 1885
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
- Carroll v. RichardsonSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Alexander v. BatesSupreme Court of Alabama · 1899
- Anders v. SandlinSupreme Court of Alabama · 1914
- Bell v. McLaughlinSupreme Court of Alabama · 1913
- Herren v. BeckSupreme Court of Alabama · 1935
16 more not listed; retrieve them via the Exa API.