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223 Ark. 219

Wicker v. Wicker

Supreme Court of Arkansas

Decided March 1, 1954

Supreme Court of Arkansas · decided 1954-03-01

Key passage — most relied on by later courts

““An appeal cannot be taken from an order of the chancery court which is not a final order. ’ ’”

quoted by 1 later decision, including Sulphur Springs Recreational Park, Inc. v. City of Camden

Relies on Flanagan v. Drainage District No. 17 · Davis v. Hale · Durben v. Montgomery

Good law ✅— No negative treatment on recordhow we know

Decided 1954-03-01

How this case has been cited

Cited by 11 later decisions — most recently September 1982

11 state decisions

601954196019701980decided

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.

View the full empirical analysis of this case →

Robinson, J.

¶1Appellee Arthur H. Wicker filed a divorce suit in the Garland Chancery Court. Appellant Sudie Crump Wicker, defendant in the Chancery Court, filed a motion to dismiss the cause alleging that appellee was not a bona fide resident of Garland County. The Chancellor overruled the motion and Sudie Crump Wicker has appealed.

¶2The order overruling the motion to dismiss was not a final judgment from which an appeal will lie. If this court should at this time sustain the Chancellor’s order overruling the motion to dismiss, the case would still stand for trial on its merits. Meantime the defendant may file some other motion. An appeal can not be taken from an order of a chancery court which is not a final order. Davis v. Hale, 114 Ark. 426, 170 S. W. 99; Durben v. Montgomery, 144 Ark. 153, 221 S. W. 855; and Beloate, Executor, v. Smith, 212 Ark. 39, 204 S. W. 2d 908.

¶3“This court has always held, before and ever since the adoption of the. Code (1869), that, where there is no final judgment, no appeal lies, and that an appeal will be dismissed for want of a final judgment. ’ ’ Flanagan v. Drainage Dist. No. 17, 176 Ark. 31, 2 S. W. 2d 70.

¶4Therefore the appeal in this case is dismissed and the cause is remanded for. further proceedings.

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