160 So. 2d 485 | Ala. | 1964
The judgment entry is as follows:
"January 11, 1963. This day came the parties to this cause by their attorneys and after fully considering the defendant's demurrers to all counts of the complaint, it is ordered, adjudged and decreed by the Court that the said demurrers be and they are hereby sustained, and this cause is set for trial on the 12th day of February, 1963 on plaintiff's statement that he can amend.
"February 12, 1963. Comes this day the parties to this cause in person and by attorneys and the plaintiff having failed to amend his complaint, the ruling heretofore made sustaining the demurrers of the defendant is confirmed. It is therefore considered, order and adjudged by the Court and it is the Judgment of the Court that the demurrers of the defendant be and they are hereby sustained as to all counts of the complaint.
"February 15, 1963. This day comes the parties to this cause in person and by their attorneys and on motion of the plaintiff it is therefore considered, ordered and adjudged by the court that a non-suit be and the same is hereby granted because of the adverse ruling of the court in sustaining the demurrers to the complaint as amended. The Plaintiff now states to the court that he declines to plead further and takes a non-suit."
Appellant (plaintiff below) voluntarily took a nonsuit with bill of exceptions in his suit filed in the Circuit Court of Blount County after the court sustained defendant's demurrers to each count of the complaint. *202
The judgment entry on the nonsuit, which is set out in the report of the case does not contain all the essentials of a final judgment necessary to support an appeal to obtain the review authorized by § 819, Title 7, Code of Alabama 1940. Mason v. McClain,
In the absence of a final judgment meeting the mandates of law, there is nothing for this court to review.
The matter is jurisdictional. It cannot be waived. We must dismiss the appeal ex mero motu; and it is so ordered by the court. Martin v. Alabama Power Company,
The foregoing opinion was prepared by B. W. SIMMONS, Supernumerary Circuit Judge, and was adopted by the court as its opinion.
Appeal dismissed.
LIVINGSTON, C. J., and LAWSON, GOODWYN, and COLEMAN, JJ., concur.