Dudley v. Farris
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. These two cases are branches of the case which was before this court at its last term.— Farris db McCurdy v. Dudley, 78 Ala. 124. The original bill was filed by Joseph R. Dudley, and sought to abate, as a nuisance, an embankment, or levee, which Farris & McCurdy had erected on their own lands, on -the east side of Big Swatnp creek, and by which, as the complainant alleged, the waters of the…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. These two cases are branches of the case which was before this court at its last term.— Farris db McCurdy v. Dudley, 78 Ala. 124. The original bill was filed by Joseph R. Dudley, and sought to abate, as a nuisance, an embankment, or levee, which Farris & McCurdy had erected on their own lands, on -the east side of Big Swatnp creek, and by which, as the complainant alleged, the waters of the creek were accumulated, in times of heavy rains, and thrown in increased volume upon his lands on the other side of the…
1Opinion of the Court
SOMERYILLE, L
The motion to dismiss the appeal, in the first of these causes, which appeal was taken from the action of the chancellor refusing to enter up the award of the arbitrators, as the decree or judgment of the Chancery Court, must be sustained. 'The refusal of the chancellor to enter this award is not a final, but an interlocutory judgment, and is not revisable in this court. The statute allows an appeal only from the judgment or decree entered up by the court on the award, or from the judgment setting aside the award. The present case does not fall within either of these categories.…
2Cases cited2 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Collins v. Louisville & Nashville RailroadSupreme Court of Alabama · 1881
3Cited by8 opinions
- State v. CobbSupreme Court of Alabama · 1972
- Black v. WoodruffSupreme Court of Alabama · 1915
- Fuerst v. EichbergerSupreme Court of Alabama · 1931
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- MBNA AMERICA BANK, NA v. BodaliaCourt of Civil Appeals of Alabama · 2006
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