Summary
In Cooper v. Cooper et al., 216 Ala. 366, 113 So. 239, 240, "the judgment entry discloses only that the court sustained the motion of defendants to strike the complaint, and nothing more."
Summary of this case from Gentry v. Swann Chemical Co.Opinion
7 Div. 682.
May 12, 1927. Rehearing Denied June 15, 1927.
Appeal from Circuit Court, De Kalb County; R. B. Carr, Judge.
Joseph Cooper, pro se.
In view of the decision, it is not necessary that brief be here set out.
Baker Baker and C. A. Wolfes, all of Ft. Payne, and J. Wiley Logan, of Birmingham, for appellees.
The complaint is prolix, irrelevant, frivolous, and unnecessarily repeated. It was properly stricken. Code 1923, § 9458; Cook Laurie v. Bell, 177 Ala. 618, 59 So. 273; Cooper v. Cooper, 204 Ala. 183, 85 So. 468. The judgment or order complained of is not an appealable one. Lathrop Lbr. Co. v. Pioneer Lbr. Co., 207 Ala. 522, 93 So. 427; Jackson v. Jackson, 211 Ala. 277, 100 So. 332.
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.
Preliminary, however, to a consideration of this question, is that embraced in the 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 case 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.
The question is a jurisdictional one, and the appeal must be dismissed.
Appeal dismissed.
SAYRE, BOULDIN, and BROWN, JJ., concur.