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127 Ala. 401

Savage v. Johnson

Supreme Court of Alabama

Decided November 15, 1899

Supreme Court of Alabama · decided 1899-11-15

Heard before the Hon. James W. Lapsley. James H. Savage and D. 0. Savage filed the bill in this case against Thomas L. Johnson and Pinson Bros. & Go.; and prayed to have reviewed a decree rendered in a chancery suit, wherein Thomas L. Johnson was' complainant and James H. Savage and D. 0. Savage and Pinson Bros. & Go., and the individual member's of said partnership, were parties respondent.

Cited by 3 later decisions — most recently May 1946

3 state decisions

Relies on Savage v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1899-11-15

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SHARPE, J.

¶1The decree sought to be reviewed under this bill was heretofore examined by this court upon an appeal taken by these appellants from the subsequent' final decree rendered in the same cause. — Savage et al. v. Johnson et al., 125 Ala. 673.

¶2Upon their application for a rehearing in that appeal it was contended by these appellants that the decree described in this bill was not final in its character, and therefore they had the right to assign it for error and have it reversed upon that appeal which was taken only from the last decree. Such right was urged upon the true ground that there had been no ascertainment either by the pleadings or proof or by the terms of the decree *404of any sum owing by Pinson Brothers & Co. to Johnson; that inquiry having been only referred to the register.

¶3Since complainants’ liability depended upon the ascertainment of such indebtedness and remained to be thereafter determined, the decree here in question was not final. This position assumed and urged by the appellants in the other appeal must prevail against them here, and it follows that this bill cannot be maintained. A bill of review lies onlv after a final decree. — Story’s Eq. PI., § 408a.

¶4The decree appealed from will be affirmed at appellants’ cost.

¶5Affirmed.

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