Blackburn v. The Huber Manufacturing Co.

Blackburn v. The Huber Manufacturing Co. Bill in Equity to foreclose Mortgage.' 1. Pleading and practice; appeals from decree on demurrer must he prosecuted within thirty days. — Under tlie provisions of tlie -Statute authorizing appeals from a decree upon a demurrer to a bill in equity, (Code, § 427), the time allowed for the prosecution of an appeal from such a decree is thirty days after the rendition thereof; and if taken after the expiration -of thirty days from the rendition thereof, the Supreme Court is without jurisdiction to entertain such appeal. Appeal from tlie Chancery Court of Madison. Heard before tlie Hon. William H. -Simpson. The hill in this case was filed by the. appellee, the Huber Manufacturing Company, against the appellant, W. I). Blackburn, to foreclose a mortgage, executed by thé defendant to the complainant The defendant demurred to the bill; and upon the submission of the cause upon this demurrer, a decree was rendered by the chancellor overruling it. From this decree overruling the demurrer the present appeal is prosecuted, and the rendition of said decree is assigned as error. Under the opinion on the present appeal, it is unnecessary to set out the facts of the case, in detail. King & Bankhead, for appellant. Burke & Smith, contra. [MAJORITY — TYSON, J.] TYSON, J. This appeal is prosecuted from a decree overruling a demurrer to a bill in equity. Authority for such an appeal is found alone in section 427 of the Code. Under the provisions of that section the time allowed foi’ its prosecution is thirty (lays after the rendition of the decree and if taken after the expiration óf the thirty davs, this court is without jurisidiction to entertain it.—Lide v Park, 133 Ala. 222 ; 31 So. Rep. 360. The decree Ayas rendered on the 17th day of March, and the appeal Ayas taken on the 17th day of April folloAving — one day too late. The. appeal must- he dismissed.