Aston v. Dodson
Supreme Court of Alabama
Appeal from Marion Chancery Court. Heard, before Hon. W. H. Simpson. Bill by Gertrude Dodson against Aughtie Aston and others. Prom la decree sustaining demurrers to the cross bill filed by the defendant and dismissing the same, respondents appeal.
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Appeal from Marion Chancery Court. Heard, before Hon. W. H. Simpson. Bill by Gertrude Dodson against Aughtie Aston and others. Prom la decree sustaining demurrers to the cross bill filed by the defendant and dismissing the same, respondents appeal. On demurrer being sustained to the cross bill in vacation it was error to dismiss the cross bill without giving respondent an opportunity to amend. — Gilmer v. Wallace. 75 Ala. 220; Olds v. Marshall, 98 Ala. 148. Counsel discuss the merits of the case and cite authority in support of their contention. They insist that the decree appealed from will…
1Opinion of the CourtAnderson, J.
This appeal was taken from a decree of the chancellor sustaining demurrers to 1be re*519spondenfis cross-bill' and dismissing same. The decree in question is not such a one as will support an appeal under section 2838 of the Code of 1907. Nor is it such a final decree as to bring it within the influence of section 2837 of the Code.
The appeal must be dismissed, under the case of Thorne-Franklin Co. v. Gunn, 123 Ala. 640, 26 South. 198, and cases there cited.
Dowdell, C. J., and McClellan and Mayfield, JJ., concur.
2Cases cited1 opinion
- Throne Franklin Shoe Co. v. GunnSupreme Court of Alabama · 1898
3Cited by4 opinions
- Herren v. BeckSupreme Court of Alabama · 1935
- Nearhos v. City of MobileSupreme Court of Alabama · 1952
- Faylor v. KoontzIndiana Court of Appeals · 1917
- Bennett v. HallSupreme Court of Alabama · 1914