Thomas v. Thomas
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Bill by Charles E. Thomas against Carrie B. Thomas for a divorce on the grounds of abandonment. The respondent filed a cross bill for divorce on the ground of cruelty and other statutory causes, and also prayed for the cancellation of an instrument in writing which is attached to her cross bill as an exhibit. From a decree overruling demurrers to the cross bill, complainant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Bill by Charles E. Thomas against Carrie B. Thomas for a divorce on the grounds of abandonment. The respondent filed a cross bill for divorce on the ground of cruelty and other statutory causes, and also prayed for the cancellation of an instrument in writing which is attached to her cross bill as an exhibit. From a decree overruling demurrers to the cross bill, complainant appeals. Counsel discuss the demurrers to the cross bill 'and cite authority to sustain their contention, that the court erred in overruling them.…
1Opinion of the CourtSimpson, J.
This is an appeal from a decree overruling a demurrer to a cross-bill. There is no authority of law for an appeal from an interlocutory decree overruling a demurrer to a cross-bill. — Code-1907, § 2838; *504Barclay, Assignee, et al. v. Spragins, 80 Ala. 357; Jones v. Woodward Iron Co., 90 Ala. 545, 8 South. 132; Festorazzi v. St. J. C. Ch., 96 Ala. 178, 10 South. 521; Buford v. Ward, 108 Ala. 307, 19 South. 357; Richardson v. First Nat. Bank, 119 Ala. 286, 24 South. 54; Woodruff v. Adair, 120 Ala. 659, 24 South. 1006; Throne-Franklin shoe Co. v. Gunn, 123 Ala. 640, 26 South. 198.
The appeal is…
2Cases cited7 opinions
- Barclay v. SpraginsSupreme Court of Alabama · 1885
- Throne Franklin Shoe Co. v. GunnSupreme Court of Alabama · 1898
- Buford v. WardSupreme Court of Alabama · 1895
- Jones v. Woodstock Iron Co.Supreme Court of Alabama · 1890
- Festorazzi v. St. Joseph's Catholic ChurchSupreme Court of Alabama · 1892
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