Mann v. Hyams
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellants as creditors of Samuel Hyams, against the said Hyams and others; and sought to have set aside, as illegal, fraudulent and void, certain sales made by the said Hyams to other alleged creditors. The opinion renders it unnecessary to make a statement of facts. The supreme court has no jurisdiction of this cause.
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellants as creditors of Samuel Hyams, against the said Hyams and others; and sought to have set aside, as illegal, fraudulent and void, certain sales made by the said Hyams to other alleged creditors. The opinion renders it unnecessary to make a statement of facts. The supreme court has no jurisdiction of this cause. There is no decree contained in the transcript which would support an appeal. — Code of 1886, § 3612; Ayers v. State, 71 Ala. 11; Wagnon v.…
1Opinion of the CourtHaralson, J.
The statute (Code, 3612) authorizes an appeal to be taken from a decree sustaining or overruling a demurrer to a bill in equity. The appeal in this case purports to be taken from a decree of the city court sustaining a demurrer to the bill, and errors are assigned on such an alleged decree. But, on examination, we find no such decree in the record. In the transcript of the docket entries of the chancellor appears the following entry : ‘ ‘ April 18, 1893. Submitted for decree on demurrers to the bill, and demurrers sustained.” This is no decree, and, without one, an ap*432peal does not lie to this…
2Cases cited3 opinions
- Joyner v. StateSupreme Court of Alabama · 1885
- Ayers v. StateSupreme Court of Alabama · 1881
- Wagnon v. KeenanSupreme Court of Alabama · 1884
3Cited by5 opinions
- Bertrand v. TaylorSupreme Court of Alabama · 1947
- Cooper v. MannSupreme Court of Alabama · 1959
- Mangham v. ManghamSupreme Court of Alabama · 1955
- Creson v. MainSupreme Court of Alabama · 1950
- Dawson v. CampbellSupreme Court of Alabama · 1960