Opinion
8 Div. 222.
October 9, 1930.
Appeal from Circuit Court, Marshall County; A. E. Hawkins, Judge.
T. Harvey Wright, of Guntersville, and Wright McAfee, of Decatur, for appellants.
In view of the decision, it is not necessary that brief be here set out.
D. Isabell, of Guntersville, for appellee.
The judgment entry and orders of the court on rulings on demurrers to pleadings are not sufficient for a review on appeal. First Nat. Bank v. Montgomery Cotton Mfg. Co., 211 Ala. 551, 101 So. 186; McDonald v. Alabama Mid. R. Co., 123 Ala. 227, 26 So. 165; Long v. Holley, 157 Ala. 514, 47 So. 655; Plunkett v. Denby, 197 Ala. 262, 72 So. 525; Martin v. Alabama Power Co., 208 Ala. 212, 94 So. 76; Clements v. Hodgens, 210 Ala. 486, 98 So. 467; Langston v. Louisville N. R. Co., 214 Ala. 489, 108 So. 379.
The ruling of the court upon the demurrers to the complaint and pleas cannot be reviewed by this court. There is no formal judgment as to same, and the action of the trial court is indicated only by the bench notes, and which fall short of such a judgment or adjudication as required by law. McDonald v. Alabama Midland Railway Co., 123 Ala. 227, 26 So. 165.
There is no complaint as to the ruling upon the evidence, and the only other errors insisted upon pertain to the conclusion of the court in rendering a judgment for the plaintiff, the case having been tried without a jury. The bill of exceptions does not purport to contain all the evidence; therefore the judgment of the trial court cannot be disturbed.
The judgment of the circuit court is affirmed.
ANDERSON, C. J., and GARDNER, BOULDIN, and FOSTER, JJ., concur.