Box v. Metropolitan Life Ins. Co.

FOSTER, Justice.

We cannot agree with the opinion of the Court of Appeals that when the demurrer to the complaint was sustained the case was at an end and that nothing remained in the court.

Such a judgment only disposes of the pleading to which it was addressed. It did not dismiss the suit, and was not appealable. Gibbs v. Southern Express Co., 201 Ala. 506, 78 So. 860. If it were otherwise, there could be no 'amendment or other proceeding had after demurrer to complaint is sustained. For that can only be done “whilst the cause is in progress.” Section 9513, Code.

A judgment sustaining…