Mathis v. Oates
Supreme Court of Alabama
APPEAL from Henry Circuit Court. Tried before Hon. H. X). CLAYTON. Mathis brought suit against Oates, and Oates demurred to-the complaint. The court sustained the demurrer, and plaintiff excepted, and took a non-suit. This ruling is now assigned as error.
1Opinion of the CourtStone, J.
It has been repeatedly held in this court that when a voluntary non-suit is suffered in consequence of an adverse ruling on demurrer, such ruling on demurrer can not be reviewed in this court under section 2759, Bevised Code.—Paulling v. Marshall, 47 Ala. 270; Darden v. James, 48 Ala. 36; Welch v. Mayor, 48 Ala. 291; Hatchett v. Orme, in manuscript; Wyatt v. Evins, 52 Ala. 286; see, also, Palmer v. Bice, 28 Ala. 430; Vincent v. Rogers, 30 Ala. 474.
This being only a rule of practice, we are disinclined to disturb it, even if there were doubts of its correctness. Appeal dismissed.
2Cases cited3 opinions
- Palmer v. BiceSupreme Court of Alabama · 1856
- Welch v. Mayor of MarionSupreme Court of Alabama · 1872
- Paulling v. MarshallSupreme Court of Alabama · 1872
3Cited by2 opinions
- Turner v. KellySupreme Court of Alabama · 1881
- Perry v. Danner & Co.Supreme Court of Alabama · 1883