Brickell, Judge. Action by S. E. Stewart against Lattie B. Orr and others. An affirmative judgment for defendants was rendered, and on plaintiff’s motion for new trial the court made an order providing that, if defendants did not file remittitur, the motion would be granted. From such order, defendants appeal. Plaintiff in the court below brought suit against the defendants on a promissory note executed by them and payable to plaintiff.
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1919-11-11
How this case has been cited
Cited by 6 later decisions — most recently July 1986
6 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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Section 2846 of the Code of 1907, as amended by Acts 1915, p. 722, only authorizes an appeal from decisions on motions for new trials, where the motion shall be granted or refused. The statute presupposes a final determination of the matter. The order in this case does not grant the new trial, but in effect says it will be done unless the defendants do* certain tilings. To be a judgment from which an appeal will lie, “It must be definite. It must purport to be the absolute sentence of the law, as distinguished from a direction to the effect that a judgment may be entered.” Black on Judgments, vol. 1, § 3. The Supreme Court has expressed similar views in the following cases: Ex parte McLendon, 33 Ala. 276; Lide v. Park, 132 Ala. 222, 31 South. 360; Ex parte Bradshaw, 174 Ala. 245, 57 South. 16; Threadgill v. Dixie Industrial Co. (Sup.) 80 South. 391.
1
As there is no judgment sufficient to give this court jurisdiction, it follows that the appeal must be dismissed.
