Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by the Commercial Savings Bank The statute of inter-pleader entitled to a liberal construction. 23 Cyc. 36; 36 Cyc. 813. The judgment as to the Schrader Company was final. 19 Cyc. 532; 3 Corpus Juris, 493; 23 Cyc. 35. The statute controls appeals. Sections 2837, 2838, 2S39 et seq. The judgment in' this case was not final. 79 Ala. 287; 15 Ala. App. 647, 74 South. 749 ; 81 South. 179.
1Opinion of the CourtSayre, J.
The court holds that the order of the trial court striking the affidavit of petitioner (defendant in the trial court) for an interpleader is a final judgment as against the defendant, who took an appeal to the Court of Appeals, and therefore that the Court of Appeals committed error in dismissing the appeal on the ground that there was no final judgment to support an appeal.
The writer does not concur. This is a proceeding in a court of law. There is no statute authorizing an appeal in cases of this particular kind. The right of appeal depends upon the general statute, section 2847 of the…
2Cases cited1 opinion
- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
3Cited by4 opinions
- United States v. JacobsDistrict Court, N.D. Alabama · 1951
- Womack v. First National BankSupreme Court of Alabama · 1959
- Labovitz v. Gulf American Fire and Casualty Co.Court of Civil Appeals of Alabama · 1971
- Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co.Alabama Court of Appeals · 1920