Bertrand v. Taylor

FOSTER, Justice.

The only feature of the record which is thought to be a judgment from which the appeal was taken is a memorandum which is presumably a docket entry as follows: “2/4/47. Demurrer overruled.”

Such an entry is not a decree in equity as it would not be a judgment at law, which will support an appeal. Mann v. Hyams, 101 Ala. 431, 13 So. 681. Many cases are cited in 2 Ala.Dig., Appeal and Error, 123: later cases are Wilbanks v. Mitchell, 239 Ala. 167, 194 So. 513; Watkins Co. v. Goggans, 242 Ala. 222, 5 So.2d 472.

If the entry was completed on the minutes of the court, or if the judge…