State Ex Rel. Wright v. Kemp
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Quo warranto by the State of Alabama, on the relation of D. N. Wright, seeking to inquire by what warrant or authority W. 'T. Kemp holds and exer'eises the office of deputy sheriff of the Bessemer division of the Jefferson circuit court. From a decrée sustaining demurrers to the petition, relator appeals.
Read the full summary
Appeal from Circuit Court, Jefferson County; Dan A. Greene, Judge. Quo warranto by the State of Alabama, on the relation of D. N. Wright, seeking to inquire by what warrant or authority W. 'T. Kemp holds and exer'eises the office of deputy sheriff of the Bessemer division of the Jefferson circuit court. From a decrée sustaining demurrers to the petition, relator appeals. Counsel discuss the merits of the case on the demurrers, but in view of the opinion it is not deemed necessary to here set them out. They further insist that, under sections 2843,' 2S37, 3017, 2S3S, and 5470, an appeal lies…
1Opinion of the CourtBrown, J.
This appeal is from the judgment of the circuit court sustaining demurrers to the information or complaint. It is conceded that there was no dismissal of the complaint, and that the judgment is not a final judgment, within the purview of section 2837 of the Code, but the appellant insists that the appeal may be sustained under the provisions of section 2843 of the Code. This latter section has been construed to authorize an appeal from the order of the judge granting or refusing temporary writs, and not from judgments or orders of the court. State ex rel. v. Crook, Judge, 123 Ala. 657, 27…
2Cases cited2 opinions
- Wise v. SpearsSupreme Court of Alabama · 1917
- State ex rel Crow v. CrookSupreme Court of Alabama · 1898
3Cited by17 opinions
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Craven v. StateAlabama Court of Appeals · 1927
- Martin v. Alabama Power Co.Supreme Court of Alabama · 1922
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Lathrop Lumber Co. v. Pioneer Lumber Co.Supreme Court of Alabama · 1922
12 more not listed; retrieve them via the Exa API.