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Sanford v. Life Casualty Ins. Co. of Tennessee

Supreme Court of Alabama
Oct 11, 1934
156 So. 859 (Ala. 1934)

Opinion

8 Div. 605.

October 11, 1934.

Melvin Hutson and O. Kyle, both of Decatur, for petitioner.

The record shows that the motion to set aside the verdict and grant a new trial was considered, and it was ordered and adjudged that the motion be sustained. If the motion was sustained, it must necessarily follow that the petition for a new trial was granted. The judgment was a final one, and the appeal was not due to be dismissed. Bell v. Otts, 101 Ala. 188, 13 So. 43, 46 Am. St. Rep. 117; 1 Black on Judgments, §§ 2, 33; Hartford A. I. Co. v. Green, 223 Ala. 97, 134 So. 487; Jasper Mer. Co. v. O'Rear, 112 Ala. 247, 20 So. 583; Moore v. N.C. St. L. R. Co., 137 Ala. 495, 34 So. 617; Wood v. Coman, 56 Ala. 283; Alexander v. Bates, 127 Ala. 328, 28 So. 415; Dumas v. Hollins, 228 Ala. 644, 154 So. 781.

A. J. Harris, of Decatur, for respondent.

Brief did not reach the Reporter.


It may be conceded that the use of the word "sustained" in the judgment entry was equivalent to "granted," but there is nothing in said judgment entry to show that the word "sustained" was followed up by an affirmative order of the court setting aside the judgment.

"When the judgment on the merits is in favor of a party appealing and there is no formal order or judgment setting the judgment aside, there can be nothing in the record prejudicial to the appellant or upon which he could predicate an appeal. The order or judgment granting a new trial and setting aside a former judgment is indispensable to the prosecution of an appeal based upon errors in granting a new trial." (Italics supplied.) 6 Mayfield's Digest, p. 28; Chambers v. Morris, 144 Ala. 626, 39 So. 375.

Writ denied.

ANDERSON, C. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.


Summaries of

Sanford v. Life Casualty Ins. Co. of Tennessee

Supreme Court of Alabama
Oct 11, 1934
156 So. 859 (Ala. 1934)
Case details for

Sanford v. Life Casualty Ins. Co. of Tennessee

Case Details

Full title:SANFORD v. LIFE CASUALTY INS. CO. OF TENNESSEE

Court:Supreme Court of Alabama

Date published: Oct 11, 1934

Citations

156 So. 859 (Ala. 1934)
156 So. 859

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