McKleroy v. Gadsden Land & Improvement Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. R. B. Kelly. The bill in this case was filed by the appellant, W. H.. McKleroy, and others, against the Gadsden Land and Improvement Company, as the sole party defendant,, and had for its purpose the selling of the property of said Company, the dissolving of the corporation, winding up of its affairs, and the appointment of a receiver,, upon the grounds as set forth in said bill.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. R. B. Kelly. The bill in this case was filed by the appellant, W. H.. McKleroy, and others, against the Gadsden Land and Improvement Company, as the sole party defendant,, and had for its purpose the selling of the property of said Company, the dissolving of the corporation, winding up of its affairs, and the appointment of a receiver,, upon the grounds as set forth in said bill. Subsequent • to the filing of said bill, and while suit was pending in the chancery court another bill was filed hy one Elliott, who was a stockholder…
1Opinion of the Court
TYSON, J.-
The order or decree -appealed from is neither such an interlocutory decree nor a final decree as will support an appeal. — Code, §§ 426, 427. Without a final decree or a special appeal from certain interlocutory orders, ‘this court is without jurisdiction to entertain an appeal from orders of a lower court in a pending suit. In the order attempted to be-appealed from, in this case, there is no adjudication that Mc-Ivleroy.is a creditor or that his co-complainants are stockholders, or of auy matter of default on the part- of tire corporation. The motion to dismiss the appeal must he…
2Cases cited10 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- Kerrison v. StewartSupreme Court of the United States · 1876
- Carey v. BrownSupreme Court of the United States · 1875
- Swift v. Smith, Dixon & Co.Court of Appeals of Maryland · 1886
- First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ex parte JonasSupreme Court of Alabama · 1914
- Hayes v. HayesSupreme Court of Alabama · 1915
- FIRST ALABAMA BANK, ETC. v. MartinSupreme Court of Alabama · 1980
- Alabama Fidelity Mort. & Bond Co. v. DubberlySupreme Court of Alabama · 1916
- Noble v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1901
9 more not listed; retrieve them via the Exa API.