Security Life Accident Ins. Co. v. Crescent Real. Co.

Full title: SECURITY LIFE ACCIDENT INSURANCE COMPANY v. CRESCENT REALTY COMPANY et al

Court: Supreme Court of Alabama

Date published: Jul 26, 1962

143 So. 2d 441 (Ala. 1962)

143 So. 2d 441

Opinion

3 Div. 922.

June 21, 1962. Rehearing Denied July 26, 1962.

Appeal from the Circuit Court, Montgomery County, Walter B. Jones, J.

Rufus M. King, Capell, Howard Cobbs, Montgomery, for appellant.

Rushton, Stakely Johnston, Montgomery, for appellee Lunceford.

Suit in equity by Crescent Realty Co. against Homeland Insurance Co., wherein T. D. Lunceford intervened and filed a bill of complaint. From a decree overruling a demurrer to intervenor's bill, Security Life Accident Insurance Co. appealed.

Appeal dismissed.

GOODWYN, Justice.

Crescent Realty Company, a corporation, filed in the circuit court of Montgomery County, in equity, a bill for declaratory judgment against Homeland Insurance Company, a corporation. T. D. Lunceford thereafter filed in said court a motion for permission and leave to intervene in the cause. The motion was granted. Lunceford then filed a bill of intervention. The respondent's demurrer thereto being sustained, Lunceford filed an amended bill of intervention. Respondent's demurrer thereto was overruled. From the decree overruling said demurrer an appeal was taken by "Security Life Accident Insurance Company, a corporation, into which the Respondent, Homeland Insurance Company, has heretofore been merged."

So far as the record discloses, Homeland Insurance Company is still the only respondent in the cause; but the appeal was not taken by it. Security Life Accident Insurance Company not being a party, it was without authority to bring the appeal. As said in Pake v. Leinkauf Banking Company, 186 Ala. 307, 309, 65 So. 139, 140, viz: "A person not a party to a cause cannot prosecute an appeal to this court, * * *." See also: Lusk v. Britton, 198 Ala. 245, 73 So. 492; May v. Courtnay, Tennant Co., 47 Ala. 185.

We note that the appeal was taken prior to passage of Act No. 72, appvd. Sept. 15, 1961, Laws 1961, Sp.Sess., p. 1947, amending § 755, Tit. 7, Code 1940, and providing that a decree overruling or sustaining a demurrer to a bill or cross-bill in equity is not appealable.

We have no alternative but to dismiss the appeal.

Appeal dismissed.

LIVINGSTON, C. J., and LAWSON and COLEMAN, JJ., concur.