161 Ala. 518
Decided May 24, 1909
Supreme Court of Alabama · decided 1909-05-24
Heard, before Hon. W. H. Simpson. Bill by Gertrude Dodson against Aughtie Aston and others. Prom la decree sustaining demurrers to the cross bill filed by the defendant and dismissing the same, respondents appeal. On demurrer being sustained to the cross bill in vacation it was error to dismiss the cross bill without giving respondent an opportunity to amend. — Gilmer v. Wallace. 75 Ala. 220; Olds v. Marshall, 98 Ala. 148.
Relies on Throne Franklin Shoe Co. v. Gunn
Good law ✅— No negative treatment on recordhow we know
Dismissed · Decided 1909-05-24
Cited by 3 later decisions — most recently March 1952
3 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.
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¶1This appeal was taken from a decree of the chancellor sustaining demurrers to 1be re*519spondenfis cross-bill' and dismissing same. The decree in question is not such a one as will support an appeal under section 2838 of the Code of 1907. Nor is it such a final decree as to bring it within the influence of section 2837 of the Code.
¶2The appeal must be dismissed, under the case of Thorne-Franklin Co. v. Gunn, 123 Ala. 640, 26 South. 198, and cases there cited.