¶1The only judgment found in this record is an order of the court sustaining defendant’s demurrer to plaintiff’s complaint, and adjudging the costs of the motion against plaintiff. This is not a judgment disposing of the cause. There is no final judgment from which an appeal will lie, and the motion to dismiss the appeal is granted.
79 Ala. 287
Eslava v. Jones
Decided December 15, 1885
Supreme Court of Alabama · decided 1885-12-15
The record does not show the name of the presiding judge. This action was brought by Odyle Eslava against Richard'E. Jones, clerk of said Circuit Court, to recover damages on account of his careless, negligent and wrongful act, as alleged, in issuing a writ of venditioni exponas, under which certain lands, claimed by the plaintiff as a homestead exemption, were sold.
Key passage — most relied on by later courts
““The only judgment found in this record is an order of the court sustaining defendant’s demurrer to plaintiff’s complaint, and adjudging the costs of the motion against plaintiff. This is not a judgment disposing of the cause. There is no final judgment upon which an appeal will lie, and the motion to dismiss the appeal is granted.””
quoted by 1 later decision, including Wise v. Spears
Good law ✅— No negative treatment on recordhow we know
Decided 1885-12-15
How this case has been cited
Cited by 10 later decisions — most recently October 1941
10 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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