Opinion
1 Div. 796.
April 12, 1934. Rehearing Denied May 31, 1934.
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.
W. J. Young, A. S. Whiting, and J. G. Bennett, all of Mobile, for appellant.
Gordon, Edington Leigh, of Mobile, for appellee.
In view of the decision, it is not necessary that briefs be here set out.
The minute entry in the trial court relied on as a final judgment to support the appeal in this case is in the following words: "This cause coming on to be heard and because of the adverse ruling of the Court in sustaining demurrers to counts 1, 2, 3, 4, 5 and 6 of the complaint of plaintiff, plaintiff declines to plead further and takes a nonsuit and gives notice of appeal to the Supreme Court."
This entry does not contain the essential elements of a final judgment sufficient to support an appeal, and the appeal must therefore be dismissed. Alston v. Marengo County Board of Education et al., 224 Ala. 676, 141 So. 658; Wood, use, etc., v. Coman et al., 56 Ala. 283.
Appeal dismissed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.