General
Festorazzi v. St. Joseph's Catholic Church
96 Ala. 178·Alabama Supreme Court·1892·AL
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Opinion
Festorazzi v. St. Joseph’s Catholic Church.
Appeal from, Decree on Demurrers to Gross-Bill.
1. When appeal does not lie from interlocutory decree. — An appeal does not lie (Code, §§ 3611-12) from an interlocutory decree overruling a demurrer to a cross-bill.
Appeal from the Chancery Court of Mobile.
Heard before Hon. W. H. Tayloe.
Hanots Taylor, OveRall& Bestoe, and E. G. Bromberg, for appellant.
Gaylord B. & E. B. Clark, Jr., contra.
[MAJORITY — WALKER, J.]
WALKER, J.
This is an appeal from a decree overruling a demurrer to a cross-bill. There is no authority for an appeal from such an interlocutory decree — Barclay v. Spragins, 80 Ala. 357; Jones v. Woodstock Iron Co., 90 Ala. 545. Code of 1886, § 3612. The court being without authority to entertain the appeal, it must be dismissed.
Appeal dismissed.