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Montgomery v. Jefferson County

Supreme Court of Alabama
May 17, 1934
154 So. 785 (Ala. 1934)

Opinion

6 Div. 467.

May 17, 1934.

Appeal from Circuit Court, Jefferson County; J. F. Thompson, Judge.

Judge Nesmith, of Birmingham, for appellant.

In view of the decision it is not necessary that brief be here set out.

Horace C. Wilkinson, of Birmingham, for appellee.

Brief did not reach the Reporter.


This is an appeal from an order of the circuit court, sitting in equity, overruling demurrers of the superintendent of banks to a petition filed by the county of Jefferson, under section 6312 of the Code of 1923, to establish a claim against the assets of the Southside Bank, in process of administration and liquidation by the appellant.

The decree is not final and is not such an interlocutory decree as will support an appeal under section 6079 of the Code. The appeal, therefore, must be dismissed. The major question argued, however, seems to have been settled against the contention of the superintendent of banks in Montgomery, Superintendent of Banks, v. State et al., ante, p. 296, 153 So. 394.

Appeal dismissed.

GARDNER, THOMAS, and KNIGHT, JJ., concur.


Summaries of

Montgomery v. Jefferson County

Supreme Court of Alabama
May 17, 1934
154 So. 785 (Ala. 1934)
Case details for

Montgomery v. Jefferson County

Case Details

Full title:MONTGOMERY, Superintendent of Banks, v. JEFFERSON COUNTY

Court:Supreme Court of Alabama

Date published: May 17, 1934

Citations

154 So. 785 (Ala. 1934)
228 Ala. 568

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