White v. Whatley
Supreme Court of Alabama
Appeal from the County Court of Clay. Tried before the ITon. \V. J. Pearce. This action was instituted by appellants to recover the statutory penalty against appellee as Probate Judge of Clay County for charging excessive' fees for the record of certain mortgages.
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Appeal from the County Court of Clay. Tried before the ITon. \V. J. Pearce. This action was instituted by appellants to recover the statutory penalty against appellee as Probate Judge of Clay County for charging excessive' fees for the record of certain mortgages. The judgment entry in the court below so far as necessary to an understanding of the opinion is as follows: Defendant’s counsel then filed demurrers to the amended complaint which were ■considered by 'the Court and overruled. The defendant then filed jileas to which the plaintiff filed demurrers and the defendant’s pleas and…
1Opinion of the CourtSharpe, J.
It has several times been decided by this court in effect that action of the trial court in sustaining or overruling a demurrer to pleading can be made to appear so as to be assignable for error only by an entry of record sufficiently formal to constitute a judgment upon the particular issue joined on the demurrer and that a mece recital in the minutes that the demurrer was sustained or overruled, is insufficient for that purpose. — Crawford v. Crawford, 119 Ala. 34; Jasper Mev. Co. v. O'Rear, 112 Ala. 248; McDonald v. Ala. Midland R’y. Co., 125 Ala. 165; Bessemer Land & Imp. Co. v. Dubose,…
2Cases cited2 opinions
- Crawford v. CrawfordSupreme Court of Alabama · 1898
- Carter v. Long Bros.Supreme Court of Alabama · 1899
3Cited by3 opinions
- Lokey v. WardSupreme Court of Alabama · 1934
- Skelton v. WeaverSupreme Court of Alabama · 1957
- Wilkinson v. CohenSupreme Court of Alabama · 1951