Edwards v. Davenport
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Mrs. L. T. Edwards appeals from tbe action-of the circuit court, dismissing her appeal to that court, from the justice court wherein T. A. Davenport obtained a judgment against her.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Mrs. L. T. Edwards appeals from tbe action-of the circuit court, dismissing her appeal to that court, from the justice court wherein T. A. Davenport obtained a judgment against her. The appellant should have been allowed to make a new bond. — Sec. 4719, Code 1907; Ex parte Webb, 58 Ala. 109, and authorities there cited; Orr v. Spqrlcman, 23 South. 829; Commissioners Court v. Wilborn, 155 Ala. 192. The appeal should not have been dismissed. — L. & N. v. Lile, 45 South. 699;. 2 Cyc. 919, note 6. An objection that an appeal has…
1Opinion of the CourtThomas, J.
The statute (Code, § 2837), authorizing appeals to the Supreme Court from “any final judgment or decree of the chancery, circuit, or courts of like jurisdiction,” contemplates a formal entry of the judgment or decree appealed from; and, until so entered, there is no “final judgment” which will sustain an appeal. The mere announcement of an'opinion by the court, or even the entry by the circuit or city court on the trial or motion docket of its rulings on demurrers or motions, is not a judgment, but merely a direction of the presiding judge to- the clerk as to what judgment should be entered…
2Cases cited7 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
- Morgan v. Flexner & LichtenSupreme Court of Alabama · 1894
- Long v. HolleySupreme Court of Alabama · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Lathrop Lumber Co. v. Pioneer Lumber Co.Supreme Court of Alabama · 1922
- Langston v. Louisville & N. R.Supreme Court of Alabama · 1926
- Bronson v. YoungbloodSupreme Court of Alabama · 1963
- Coleman v. StateCourt of Criminal Appeals of Alabama · 1988
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