Buford v. Ward
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Thos. Cobbs. The facts are sufficiently stated in the opinion. 1. The decree sustaining demurrers to appellants petition, and dismissing the same, was a final decree, which would support an appeal. — Code § 3611; Adams v. Sayre, 76 Ala. 509. 2. A bill haying amendable defects should not be dismissed for want of equity.- — Seáis v. Robinson, 75 Ala. 363; Glover v. Hambree, 82 Ala. 327. 3. The appellant, as. a matter of…
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Appeal from Jefferson Chancery Court. Heard before Hon. Thos. Cobbs. The facts are sufficiently stated in the opinion. 1. The decree sustaining demurrers to appellants petition, and dismissing the same, was a final decree, which would support an appeal. — Code § 3611; Adams v. Sayre, 76 Ala. 509. 2. A bill haying amendable defects should not be dismissed for want of equity.- — Seáis v. Robinson, 75 Ala. 363; Glover v. Hambree, 82 Ala. 327. 3. The appellant, as. a matter of right, was entitled to have the decree set aside, in order that he might defend. Lehman Rurr-& Co.v. Collins, 69 Ala.-…
1Opinion of the CourtHead, J.
Appeals from orders or decrees of the chancery court, disposing of petitions filed in causes, pending or disposed of, in such court, are not, in any instance, governed by the provisions of section 3612 of the Code. The appeals provided for, by that section, from orders made on motions to dismiss, apply only to such orders made on motions to dismiss bills for the want of equity. They do not apply even to cross bills. — Nabors v. Morris Mining Co., 103 Ala. 543 ; Barclay v. Spragins, 80 Ala. 357 ; Jones v. Woodstock Iron Co. 90 Ala. 545 ; Festorazzi v. St. Joseph’s Catholic Church, 96 Ala. 178…
2Cases cited16 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
- Gibson v. CranageMichigan Supreme Court · 1878
- Aday v. EcholsSupreme Court of Alabama · 1850
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3Cited by8 opinions
- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Hume v. KirkwoodSupreme Court of Alabama · 1927
- Throne Franklin Shoe Co. v. GunnSupreme Court of Alabama · 1898
- McCammon v. McCammonSupreme Court of Alabama · 1921
- Allison v. CodySupreme Court of Alabama · 1923
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