Legal Opinion

Long v. Holley

Supreme Court of Alabama

Decided November 19, 1908PublishedCited by 15 opinions

Appeal from Henry Circuit Court. Heard before Hon. A. A. Evans. Assumpsit by J. B. Long against W. R. Holley and others. Plaintiff took a non-suit, and appeals. Acts 1903, p. 34 ansAvers the motion to dismiss the appeal. Counsel discuss the matters presented by assignments of error, but without citation of authority. Under all the authorities on this subject, before an appeal can be taken under said section, a non-suit must be first taken.

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Appeal from Henry Circuit Court. Heard before Hon. A. A. Evans. Assumpsit by J. B. Long against W. R. Holley and others. Plaintiff took a non-suit, and appeals. Acts 1903, p. 34 ansAvers the motion to dismiss the appeal. Counsel discuss the matters presented by assignments of error, but without citation of authority. Under all the authorities on this subject, before an appeal can be taken under said section, a non-suit must be first taken. If a non-suit is not taken, there can be no appeal under this Section. 4 Yol. Mayfield Digest pages 320-321-322. In this case a non-suit was not taken. The…

1Opinion of the CourtMcCLELLAN, J.

— The appeal is assumed to be from a non-suit suffered because of-adverse rulings by the court upon pleadings in the cause. There is no bill of exceptions. The appellee moves the dismissal of the appeal, and for the reasons to be stated the motion is granted.

The judgment entry, entire, is as follows: “Defendant has leave to withdraw pleas No. 3 and No. 4, and to file plea A, which is done. Demurrer to replication is sustained. Plaintiff has leave to strike from complaint allegation of waiver of exemptions as to personal property, which is done. Plaintiff has leave to amend by adding common…

2Cases cited3 opinions

  1. McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
  2. Tate v. McCrarySupreme Court of Alabama · 1852
  3. Downs v. MinchewSupreme Court of Alabama · 1857

3Cited by15 opinions

  1. Esslinger v. SpraginsSupreme Court of Alabama · 1938
  2. Griffin v. BozemanSupreme Court of Alabama · 1937
  3. Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
  4. Garner v. BakerSupreme Court of Alabama · 1926
  5. City of Mobile v. Board of Revenue and Road Com'rsSupreme Court of Alabama · 1929

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