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Kilgore v. Tennessee, Coal, Iron & R. R.

Kilgore v. Tennessee, Coal, Iron & R. R. Co.

Kilgore v. Tenn., Coal, Iron & R. R., 67 So. 1002 (Ala. 1915)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
January 14, 1915
Judges
Anderson, Graffenried, McClellan, Sayre
Citations
67 So. 1002191 Ala. 1891915 Ala. LEXIS 421
Disposition
Appeal dismissed.
Cited by 6
Headnotes
Bill to Quiet Title. Appeal and Error; Orders Appealable; Setting Aside Verdict by (Chancellor. — An order of the chancellor setting aside the verdict of a jury, taken on the certification of an issue of fact from the chancery court for trial in the circuit court before a jury, will not support an appeal.
Summary
Appeal from Walker Chancery Court. Heard before Hon. A. H. Benners. Bill by the Tennessee Coal, Iron & Railroad Company against J. R. Kilgore, to quiet title. Certain facts were certified to the circuit court for trial by a jury, and on return of the finding of the jury in the circuit court, the chancellor entered a decretal order setting aside the verdict of the jury, from which the respondent appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McClellan

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McCLELLAN, j.

This appeal is sought .to be effected upon and from an interlocutory order of the chancery court setting aside, on motion, the verdict of a jury which was taken under the certification of an issue of fact for trial in the circuit court before a jury. Such an order is not appealable. —Ex parte Colvert, 188 Ala. 650 , 65 South. 964 .

The motion to dismiss the appeal must be sustained.

Appeal dismissed.

Anderson, C. J., and Sayre and de Graffenried, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1917: 11922: 11924: 11927: 11936: 11968: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Williams v. Knight169 So. 871 (Ala. 1936)
  2. Tucker v. Houston112 So. 360 (Ala. 1927)
  3. Davis v. Zimmern99 So. 307 (Ala. 1924)
  4. Fredenburgh v. Allied Van Lines, Inc.446 P.2d 868 (N.M. 1968)
  5. Davis v. Dawkins95 So. 188 (Ala. 1922)
  6. Southern Ry. Co. v. Propst Duckworth76 So. 470 (Ala. Ct. App. 1917)

Most recent

  1. Fredenburgh v. Allied Van Lines, Inc.446 P.2d 868 (N.M. 1968)
  2. Williams v. Knight169 So. 871 (Ala. 1936)
  3. Tucker v. Houston112 So. 360 (Ala. 1927)
  4. Davis v. Zimmern99 So. 307 (Ala. 1924)
  5. Davis v. Dawkins95 So. 188 (Ala. 1922)
  6. Southern Ry. Co. v. Propst Duckworth76 So. 470 (Ala. Ct. App. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Ex parte Colvert, 65 So. 964 (Ala. 1914) 24

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