Supreme Court of Alabama, 1902

Blackburn v. Huber Manufacturing Co.

Blackburn v. Huber Manufacturing Co.
Supreme Court of Alabama · Decided November 15, 1902 · Tyson
135 Ala. 598

Blackburn v. Huber Manufacturing Co.

Opinion of the Court

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 *599foi’ 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.

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