Legal Opinion
United States Fidelity & Guaranty Co. v. Benson Hardware Co.
Supreme Court of Alabama
Decided January 22, 1931No. 4 Div. 510PublishedCited by 41 opinions
1Opinion of the CourtPoster, J.
The motion to dismiss this appeal presents a question the exact nature of which has not heretofore been considered by this court.
But it has been held in this state that two final decrees even in the same case cannot be the subject of one appeal, when the interested parties to each such decree are not the same. Kelly v. Deegan, 111 Ala. 152, 20 So. 378; Wynn v. Tallapoosa County Bank, 168 Ala. 469, 53 So. 228. As a general rule, two separate judgments, decrees, or orders cannot be brought up for appellate review by one appeal, when the parties to the judgment are not the same. Creswell v.…
2Cases cited62 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
- Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
- Brogan v. National Surety Co.Supreme Court of the United States · 1918
57 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Courson v. TollisonSupreme Court of Alabama · 1933
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Riley-Stabler Construction Company, a Division of Riley Lumber & Supply Company, Inc. v. Westinghouse Electric CorporationCourt of Appeals for the Fifth Circuit · 1968
- State Ex Rel. Modern Motor Co. v. H & K Construction Co.Idaho Supreme Court · 1954
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
36 more not listed; retrieve them via the Exa API.