Eslava v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. The record does not show the name of the presiding judge. This action was brought by Odyle Eslava against Richard'E. Jones, clerk of said Circuit Court, to recover damages on account of his careless, negligent and wrongful act, as alleged, in issuing a writ of venditioni exponas, under which certain lands, claimed by the plaintiff as a homestead exemption, were sold.
Read the full summary
Appeal from the Circuit Court of Mobile. The record does not show the name of the presiding judge. This action was brought by Odyle Eslava against Richard'E. Jones, clerk of said Circuit Court, to recover damages on account of his careless, negligent and wrongful act, as alleged, in issuing a writ of venditioni exponas, under which certain lands, claimed by the plaintiff as a homestead exemption, were sold. A demurrer was interposed to the complaint, and was sustained by the court, the judgment being in these words: “ The demurrers in this case having been argued by counsel, and submitted to…
1Per curiam
The only judgment found in this record is an order of the court sustaining defendant’s demurrer to plaintiff’s complaint, and adjudging the costs of the motion against plaintiff. This is not a judgment disposing of the cause. There is no final judgment from which an appeal will lie, and the motion to dismiss the appeal is granted.
2Cited by11 opinions
- Martin v. Alabama Power Co.Supreme Court of Alabama · 1922
- Wise v. SpearsSupreme Court of Alabama · 1917
- Lathrop Lumber Co. v. Pioneer Lumber Co.Supreme Court of Alabama · 1922
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
- Webb v. FrenchSupreme Court of Alabama · 1932
6 more not listed; retrieve them via the Exa API.