Thompson v. Maddux
Supreme Court of Alabama
Appeal from the Chancery Court of - Bullock. Heard before the Hon. Jere N. Williams. Thomas J. Maddux, the appellee, filed his bill of complaint against the appellants, W. I. R. Thompson, as the surviving partner of the firm of Robinson & Thompson, and Jordan & Sons; and prayed for an injunction to restrain W. I. R. Thompson from foreclosing a mortgage executed by complainant to Jordan & Sons, and by them assigned to Robinson & Thompson.
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Appeal from the Chancery Court of - Bullock. Heard before the Hon. Jere N. Williams. Thomas J. Maddux, the appellee, filed his bill of complaint against the appellants, W. I. R. Thompson, as the surviving partner of the firm of Robinson & Thompson, and Jordan & Sons; and prayed for an injunction to restrain W. I. R. Thompson from foreclosing a mortgage executed by complainant to Jordan & Sons, and by them assigned to Robinson & Thompson. The complainant averred in his bill that he had been for a long time a customer of Jordan & Sons, a mercantile firm, doing business at Midway, in Bullock…
1Opinion of the CourtColeman, J.
Our opinion is that there has been no such final decree rendered in this cause, as will support an appeal. The word “considered,” used in connection with other proper words, may be sufficient to give the entry the force and effect of a formal decree— as that it is considered by the court, that the plaintiff recover, or have relief as prayed for, &c. But where the only entry is, “Upon consideration, it is the opinion *328of the court that complainant is entitled to make a defense,” not followed by words- decreeing relief, or that the party is entitled to relief, or words of equivalent import, it…
2Cited by14 opinions
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