120 So. 2d 727 | Ala. | 1960
This is an appeal by one of the respondents below from a purported decree of the circuit court of Colbert County, in equity, overruling her demurrer to the complainants' (appellees') bill of complaint. Appellees insist that there is no decree supporting the appeal.
The appeal purportedly is taken from a "decree rendered * * * on the 17 day of December, 1959, overruling the demurrers to the Complainants' Bill of Complaint." However, we find no such decree in the record but only a bench note as follows:
"* * *. Demurrers of Elsie Dawson overruled. Respondent Elsie Dawson gives notice of appeal on adverse ruling on demurrer. * * *
"C. K. Delony, Judge."
This is not a decree from which an appeal lies to this court. Only a formal adjudication by the court will support an appeal or assignment of error. Cooper v. Mann,
We have held that judicial notice must be taken of the absence of a judgment *587 or decree supporting an appeal. Cooper v. Mann, supra; Russell v. Russell, supra.
There is no alternative but to dismiss the appeal.
Appeal dismissed.
SIMPSON, MERRILL and COLEMAN, JJ., concur.