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Curry v. Kennedy
1934 Ala. LEXIS 63
| Ala. | 1934
|
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The minute entry in the trial court relied on as a final judgment to support the appeal in this case is in the following words: "This cause coming on to be heard and because of the adverse ruling of the Court in sustaining demurrers to counts 1, 2, 3, 4, 5 and 6 of the complaint of plaintiff, plaintiff declines to plead further and takes a nonsuit and gives notice of appeal to the Supreme Court."

This entry does not contain the essential elements of a final judgment sufficient to support an appeal, and the appeal must therefore be dismissed. Alston v. Marengo County Board of Education et al., 224 Ala. 676, 141 So. 658; Wood, use, etc., v. Coman et al., 56 Ala. 283.

Appeal dismissed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

Case Details

Case Name: Curry v. Kennedy
Court Name: Supreme Court of Alabama
Date Published: Apr 12, 1934
Citation: 1934 Ala. LEXIS 63
Docket Number: 1 Div. 796.
Court Abbreviation: Ala.
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