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1 Minor 101

Glover v. Robinson

Supreme Court of Alabama

Decided December 15, 1822

Supreme Court of Alabama · decided 1822-12-15

<p>1, Writ of Error or appeal will not lie from an order dissolving an In* junction.</p> <p>2, The rule of Court requires an assignment of Errors in cases in Chancery as well at common law.</p>

Decided 1822-12-15

¶1■OPINION of the Court by

Judge Crenshaw.

¶2In this case the Court below made an order dissolving the Injunction, but did not dispose of the bill or make a final decree.

¶3No Appeal or Writ of Error will lie on such an order, which is interlocutory and not final. This principle was settled at November Term, 1820, in the case, Johnson, adnistrator, against Henry’s Executors. (a)

¶4It was contended that an assignment of Errors was not necessary, as this is a Chancery case ; but we are not disposed to make this distinction in practice. The rule requires an assignment of Errors in all cases.

¶5Let the writ, of Error be dismissed.

¶6 Ante, p. 13.

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