Legal Opinion

Taylor v. Harwell

Supreme Court of Alabama

Decided December 15, 1875Published

Appeal from Montgomery Chancery Court. Heard before Hon.--. The record in this case never cbme into the reporter’s hands; and hence he is unable to give any further statement of facts than appears in the opinion.

1Opinion of the Court

BEICKELL, 0. <J.&emdash;

This appeal was taken prior to the statute of March 20, 1875, (Pamphlet Acts 1874-5, p. 189,) under section 3486 of the Eevised Code, by consent of the parties, from a decree of the chancellor overruling a motion to dismiss the bill for want of equity. The appeal purports *597to be taken, also, from the decree so far as it overruled the demurrer wbicb had been interposed to the bill. The section of the Code to which we have referred, does not embrace a decree overruling a demurrer. It is expressly confined to a decree overruling a motion to dismiss for want of equity. A…

2Cases cited8 opinions

  1. Bryant v. PetersSupreme Court of Alabama · 1841
  2. Freeman v. McBroomSupreme Court of Alabama · 1847
  3. Lockard v. LockardSupreme Court of Alabama · 1849
  4. Herbert & Kyle v. HobbsSupreme Court of Alabama · 1830
  5. M'Grew v. Tombeckbee BankSupreme Court of Alabama · 1837

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