Ex Parte Adams
Supreme Court of Alabama
1Opinion of the CourtAnderson, C. J.
It seems from the former decisions of this court that, when a cause is dismissed or stricken from the docket without more, it is not such a final judgment as will support an appeal. Ex parte Attorney General, 142 Ala. 87, 38 So. 835, 110 Am. St. Rep. 20; Davis v. McColloch, 191 Ala. 520, 67 So. 701. It seems, however, that, where the dismissal is followed up by a judgment in favor of defendant against the plaintiff' for the cost, it is such a judgment as will support an appeal, and mandamus is not the proper remedy to revise the action of the trial court. Ex parte Hendree, 49 Ala. 360. We…
2Cases cited7 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Suell v. DerricottSupreme Court of Alabama · 1909
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1904
- Davis v. McCollochSupreme Court of Alabama · 1914
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3Cited by29 opinions
- Breed v. Atlanta, B. C. R. Co.Supreme Court of Alabama · 1941
- Parker v. Fies & SonsSupreme Court of Alabama · 1942
- King v. National Spa and Pool InstituteSupreme Court of Alabama · 1992
- Goldsmith v. StateCourt of Criminal Appeals of Alabama · 1997
- Harris v. Town of Tarrant CitySupreme Court of Alabama · 1930
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