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264 Ala. 628

Cates v. Cates

Supreme Court of Alabama

Decided July 26, 1956

Supreme Court of Alabama · decided 1956-07-26

Cited by 4 later decisions — most recently March 1960

4 state decisions

Relies on State v. Elliott · Marion County v. Middleton

Good law ✅— No negative treatment on recordhow we know

Decided 1956-07-26

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SIMPSON, Justice.

¶1This is an appeal from an interlocutory decree overruling appellant’s demurrer to appellee’s petition filed in the circuit court in equity to sell certain personal property of his intestate.

¶2The assignments of error challenging the ruling on the demurrer are not argued and are, therefore, waived. 2A Ala.Dig., Appeal and Error, <3=1078(1).

¶3Appellant also assigns as error the overruling of her plea in abatement to the petition. Such an assignment is not subject to review on this appeal. Marion County v. Middleton, 246 Ala. 464, 21 So.2d 312.

¶4It results, therefore, that the decree appealed from must be affirmed. So ordered.

¶5Affirmed.

LIVINGSTON, C. J., and MERRILL and SPANN, JJ., concur.
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