Orr v. Stewart
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County: Robert C. Brickell, Judge. Action by S. E. Stewart against Lattie B. Orr and others. An affirmative judgment for defendants was rendered, and on plaintiff’s motion for new trial the court made an order providing that, if defendants did not file remittitur, the motion would be granted. From such order, defendants appeal.
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Appeal from Circuit Court, Morgan County: Robert C. Brickell, Judge. Action by S. E. Stewart against Lattie B. Orr and others. An affirmative judgment for defendants was rendered, and on plaintiff’s motion for new trial the court made an order providing that, if defendants did not file remittitur, the motion would be granted. From such order, defendants appeal. Plaintiff in the court below brought suit against the defendants on a promissory note executed by them and payable to plaintiff. On the trial, proper pleas having been filed and issue joined, defendants recovered judgment over against…
1Opinion of the CourtSamford, J.
Section 2846 of the Code of 1907, as amended by Acts 1915, p. 722, only authorizes an appeal from decisions on motions for new trials, where the motion shall be granted or refused. The statute presupposes a final determination of the matter. The order in this case does not grant the new trial, but in effect says it will be done unless the defendants do* certain tilings. To be a judgment from which an appeal will lie, “It must be definite. It must purport to be the absolute sentence of the law, as distinguished from a direction to the effect that a judgment may be entered.” Black on Judgments,…
2Cases cited4 opinions
- Ex parte BradshawSupreme Court of Alabama · 1911
- Lide v. ParkSupreme Court of Alabama · 1902
- Threadgill v. Dixie Industrial Co.Supreme Court of Alabama · 1918
- Ex parte McLendonSupreme Court of Alabama · 1858
3Cited by5 opinions
- Harmon v. Motors Ins. Corp.Supreme Court of Alabama · 1986
- Ex Parte SmithSupreme Court of Alabama · 1934
- Orr v. StewartSupreme Court of Alabama · 1920
- Perkins v. StateAlabama Court of Appeals · 1926
- Smith v. City of BirminghamSupreme Court of Alabama · 1934