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216 Ala. 366

113 So 239

Cooper v. Cooper

Supreme Court of Alabama

Decided May 12, 1927

Supreme Court of Alabama · decided 1927-05-12

Relies on Brassell v. Brassell · Martin v. Alabama Power Co. · Cook & Laurie Contracting Co. v. Bell

Good law ✅— No negative treatment on recordhow we know

Decided 1927-05-12

How this case has been cited

Cited by 9 later decisions — most recently November 1957

9 state decisions

501927193019401950decided

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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GARDNER, J.

¶1 Upon the merits of this appeal, it is insisted that the motion of the defendants to strike the complaint as violative of section 9457, Code of 1923, is supported by the cases of Cooper v. Cooper, 204 Ala. 183, 85 So. 468, and Cook, etc., Contracting Co. v. Bell, 177 Ala. 618, 59 So. 273.

¶2 Preliminary, however, to a consideration of this question, is that embraced in tbe motion of appellees to dismiss the appeal based upon the ground that there has been entered no final judgment in the cause as will support an appeal. As pertinent to this question, the judgment entry discloses only that the court sustained the motion of defendants to strike the complaint, and nothing more. This was not a final disposition of the cause. The ease is not distinguishable ,in principle from Wise v. Spears, 200 Ala. 695, 76 So. 869, and Eslava v. Jones, 79 Ala. 287. See, also, State ex rel. Wright v. Kemp, 205 Ala. 201, 87 So. 836; Lathrop Lbr. Co. v. Pioneer Lbr. Co., 207 Ala. 522, 93 So. 427; Martin v. Ala. Power Co., 208 Ala. 212, 94 So. 76; Johnson v. Westinghouse, Church, Kerr & Co., 209 Ala. 672, 96 So. 884; Clements v. Hodgens, 210 Ala. 486, 98 So. 467; Jemison v. Town of Ft. Deposit, 214 Ala. 471, 108 So. 397.

¶3 The question is a jurisdictional one, and the appeal must be dismissed.

¶4 Appeal dismissed.

SAYRE, BOULDIN, and BROWN, JJ., concur.
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