Mann v. Hyams

Decided November 15, 1893

Supreme Court of Alabama · decided 1893-11-15

Heard before the Hon. Thos. M. Arrington. The bill in this case was filed by the appellants as creditors of Samuel Hyams, against the said Hyams and others; and sought to have set aside, as illegal, fraudulent and void, certain sales made by the said Hyams to other alleged creditors. The opinion renders it unnecessary to make a statement of facts. The supreme court has no jurisdiction of this cause.

Relies on Joyner v. State · Ayers v. State · Wagnon v. Keenan

Good law ✅— No negative treatment on recordhow we know

Decided 1893-11-15

How this case has been cited

Cited by 5 later decisions — most recently May 1960

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

HARALSON, J.

¶1The statute (Code, 3612) authorizes an appeal to be taken from a decree sustaining or overruling a demurrer to a bill in equity. The appeal in this case purports to be taken from a decree of the city court sustaining a demurrer to the bill, and errors are assigned on such an alleged decree. But, on examination, we find no such decree in the record. In the transcript of the docket entries of the chancellor appears the following entry : ‘ ‘ April 18, 1893. Submitted for decree on demurrers to the bill, and demurrers sustained.” This is no decree, and, without one, an ap*432peal does not lie to this court. The cause must be here dismissed. — Bell v. Otts, ante p 186, 13 So. Rep. 43; Wagnon v. Keenan, 77 Ala. 519; Joyner v. State, 78 Ala. 448; Ayers v. State, 71 Ala. 11.

¶2Dismissed.

¶3 *433CASES IN THE Supreme Court of Alabama. NOVEMBER TERM, 1893.