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222 Ala. 182

131 So 445

Carlisle v. Carmichael

Supreme Court of Alabama

Decided December 18, 1930

Supreme Court of Alabama · decided 1930-12-18

Relies on Gibson v. Farmers' Bank of Luverne · Boshell v. Phillips. · Jeter v. State Ex Rel. Tuck

Good law ✅— No negative treatment on recordhow we know

Decided 1930-12-18

How this case has been cited

Cited by 29 later decisions — most recently June 1965 · most notably Williams v. Knight (1936), Journequin v. Land (1937)

29 state decisions

1001930194019501960decided

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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FOSTER, J.

¶1 A final decree in equity denying relief to complainant was entered in the circuit court July 21, 1928. On July 27, 1928, complainants filed a motion to set aside the final decree and allow them to take further testimony. On November 26, 1928, the court overruled the motion. On March 22, 1929, complainants filed with the register and had him to approve security for costs of an appeal recited to be from a decree rendered on November 27, 1928. The certificate to the transcript shows that the appeal was from the decree of November 26, 1928. If the appeal had purported to be from the final decree rendered July 21, 1928, or if it could be so treated, it came too late — section 6127, Code — -and the court would be without jurisdiction to consider it. Boshell v. Phillips, 207 Ala. 628, 93 So. 576; Lowry v. Hill, 211 Ala. 645, 101 So. 586.

¶2 But, as we have stated, the appeal purports to be from the decree overruling a mo *183 tion to set aside the final decree. This court has often pointed out that such decrees are not appealable, though an appeal may be taken from.a ruling on a motion for a new trial at law. Section 6088, Code; Ford v. Ford, 218 Ala. 15, 117 So. 462; Gibson v. Farmers’ Bank of Luverne, 218 Ala. 554, 119 So. 664. This appeal is therefore dismissed.

¶3 Appeal dismissed.

ANDERSON, O. J., and GARDNER and BOULDIN, JJ., concur.
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