Nabers v. Morris Mining Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. H. A. Sharpe. The appellee, Morris Mining Co., filed its petition in the cause of W. T. Underwood, et al. v. Joseph B. Wolfe, pending in the city court of Birmingham, sitting in equity, praying to be allowed to intervene in said cause, and propound its claim for $109,000, as damages for the alleged breach of a contract made and entered into by and between the said Morris Mining Co. and the Mary Pratt Furnace…
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Appeal from the City Court of Birmingham. Heard before the Hon. H. A. Sharpe. The appellee, Morris Mining Co., filed its petition in the cause of W. T. Underwood, et al. v. Joseph B. Wolfe, pending in the city court of Birmingham, sitting in equity, praying to be allowed to intervene in said cause, and propound its claim for $109,000, as damages for the alleged breach of a contract made and entered into by and between the said Morris Mining Co. and the Mary Pratt Furnace Co., a corporation which had been dissolved by a decree rendered in the above named case, and a large part of whose assets…
1Opinion of the CourtHead, J.
We are compelled to dismiss this appeal, ex mero motu, upon the authority of Clark v. Spencer, 80 Ala. 345; Barclay v. Spragins, Ib. 357, and Jones v. Woodstock Iron Co., 90 Ala. 545, which are directly in point. The statute not authorizing the appeal, we have no jurisdiction of the subject-matter; and consent can not confer it.
Appeal dismissed.
2Cases cited2 opinions
- Clark v. SpencerSupreme Court of Alabama · 1885
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1890
3Cited by8 opinions
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
- Bell v. KingSupreme Court of Alabama · 1924
- Smith v. SmithSupreme Court of Alabama · 1928
- Throne Franklin Shoe Co. v. GunnSupreme Court of Alabama · 1898
- Buford v. WardSupreme Court of Alabama · 1895
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