Jones v. Wilson
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before Hon. A. W. Dillard.. This was a motion to dismiss an appeal, under circumstances fully set forth in the opinion.
1Opinion of the CourtBrickell, C. J.
The appeal as now prosecuted proposes to reverse only the decree of the chancellor overruling the demurrer to the original bill, though as we shall endeavor to show a final decree has been rendered on the pleadings and proof, not only overruling the demurrer, but adjudging the equities against the appellants. The counsel for the appellants, very properly conceded, on the argument of the motion to dismiss, that it must prevail, if the decree rendered was final.
The test of the finality of a decree, so as to support an appeal, which our decisions have prescribed, is, not whether the cause is…
2Cases cited9 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Bronson v. Railroad Co.Supreme Court of the United States · 1863
- Garner v. PrewittSupreme Court of Alabama · 1858
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
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3Cited by30 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Adams v. SayreSupreme Court of Alabama · 1884
- Cochran v. MillerSupreme Court of Alabama · 1883
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