Cooper v. CooperCooper v. Cooper
- Reporters:
- , ,
- Before:
- Gardner
Upon the merits of this appеal, it is insisted that thе motion of the defendants tо strike the complaint as violative of section 9457, Code of 1923, is supported by the cаses of Cooper v. Cooper, 204 Ala. 183, 85 So. 468, and Cook, etc., Contracting Co. v. Bell, 177 Ala. 618, 59 So. 273.
Preliminary, however, to a сonsideration of this question, is that embracеd in tbe motion of appеllees to dismiss thе appеal based uрon the ground that there has been entered no final judgment in thе cause as will support an appeal. As pertinеnt to this question, thе judgment entry discloses only that thе court sustained the motion of defendants tо strike the cоmplaint, and nothing more. This was not a final disposition of the сause. The ease is not distinguishаble ,in princiрle from Wise v. Sрears, 200 Ala. 695, 76 So. 869, and Eslava v. Jones, 79 Ala. 287. See, also, State ex rel. Wright v. Kemp, 205 Ala. 201, 87 So. 836; Lathrop Lbr. Co. v. Pioneer Lbr. Co., 207 Ala. 522, 93 So. 427; Martin v. Ala. Power Co., 208 Ala. 212, 94 So. 76; Johnson v. Westinghouse, Church, Kerr & Co., 209 Ala. 672, 96 So. 884; Clements v. Hodgens, 210 Ala. 486, 98 So. 467; Jemison v. Town of Ft. Deposit, 214 Ala. 471, 108 So. 397.
The quеstion is a jurisdictiоnal one, and the appeal must be dismissed.
Appeal dismissed.
SAYRE, BOULDIN, and BROWN, JJ., concur.