STATE ex rel. PRICE v. CALLAWAY

(79 South. 146) STATE ex rel. PRICE v. CALLAWAY. (8 Div. 594.) (Court of Appeals of Alabama. May 28, 1918.) Quo Warranto <&wkey;62 —Appeal—Judgment on Demurrer. . . Appeal is not authorized from judgment of the court sustaining demurrer to complaint in quo warranto, Code 1907, § 2843, authorizing appeal only from order of the judge on preliminary consideration of the petition, and section 5470 from final judgment disposing of the case. Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Proceedings by the State, on relation of P. I. Price, against W. J. Callaway. Erom an adverse judgment, the State appeals. Appeal dismissed. A. A. Williams, of Florence, for appellant. R. T. Simpson, of Florence, for appellee. [MAJORITY — BROWN, P. J.] BROWN, P. J. An appeal is not authorized from a judgment of the court on demurrer, in a quo warranto proceeding, in advance of a final judgment of the court disposing of the ease. Section 2843, Code 1907, only authorized an appeal from the order of the judge of the court on the preliminary consideration of the petition (State ex rel. Crow v. Crook, Judge, 123 Ala. 657, 27 South. 334), while section 5470 provides for appeals from the final judgment of the court disposing of the case. The judgment here merely sustains the demurrer to the complaint, and this court is without jurisdiction to review that order on this appeal. A judgment will be entered, dismissing the appeal. Appeal dismissed.