Legal Opinion · Dissent

Gulf Electric Co. v. Fried

Supreme Court of Alabama

Decided December 6, 1928No. 1 Div. 494Published

1DissentThomas, J.

The original complaint in one count for assumpsit had demurrer sustained on April 13, 1927. Thereafter there were several successive counts to which demurrers wer'e sustained. Appellee insists there was final disposition of the cause by the judgment sustaining demurrer to the fifth count, which was in case for deceit, and was the’ only count to the complaint. This judgment was rendered October 15, 1927: at the expiration of 30 days did it become final? The purported final judgment rendered February 4, 1928, recited the failure of amendment, declination to plead further, and judgment “for…

2Cases cited85 opinions

  1. Munroe v. PritchettSupreme Court of Alabama · 1849
  2. Lewis v. MartinSupreme Court of Alabama · 1923
  3. Gill v. MiddletonMassachusetts Supreme Judicial Court · 1870
  4. Sheets v. SeldenSupreme Court of the United States · 1869
  5. Phœnix Insurance v. MoogSupreme Court of Alabama · 1884

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