Summary
In Wallace v. Screws, 225 Ala. 187, 142 So. 572, the judgment did not tax the costs, and this, for the purpose of an appeal, was essential to the finality of the judgment.
Summary of this case from Gentry v. Swann Chemical Co.Opinion
2 Div. 7.
June 9, 1932.
Appeal from Circuit Court, Dallas County; John Miller, Judge.
G. C. Walker, of Clanton, and L. H. Ellis, of Columbiana, for appellant.
In view of the decision, it is not necessary that brief be here set out.
Arthur M. Pitts, of Selma, for appellees.
While the nonsuit is granted, there is no final disposition of the case; the case is not dismissed, the cost is not taxed, and execution to collect it is not permitted by order of the court. A final judgment is necessary to give jurisdiction to the appellate court, and it cannot be waived by the parties. The appeal must be dismissed. Lathrop Lbr. Co. v. Pioneer Lbr. Co., 207 Ala. 522, 93 So. 427; State v. Kemp, 205 Ala. 201, 87 So. 836; Alston v. Marengo County Board, 224 Ala. 676, 141 So. 658.
A final judgment disposing of the case and allowing the defendant "to go hence" is essential to confer jurisdiction on this court to review the rulings of the circuit court, under section 6431 of the Code. Wood, use, c. v. Coman et al., 56 Ala. 283; Eslava v. Jones, 79 Ala. 287; Martin v. Alabama Power Co., 208 Ala. 212, 94 So. 76; State ex rel. Wright v. Kemp, 205 Ala. 201, 87 So. 836; Wise et al. v. Spears et al., 200 Ala. 695, 76 So. 869; Alston v. Marengo County Board of Education, 224 Ala. 676, 141 So. 658.
Under the rulings in the cases cited, the judgment in the instant case will not support an appeal, and the appeal must, therefore, be dismissed.
Appeal dismissed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.