Supreme Court of Alabama, 1909

Aston v. Dodson

Aston v. Dodson
Supreme Court of Alabama · Decided May 24, 1909 · Anderson, Dowdell, Mayfield, McClellan
161 Ala. 518; 49 So. 856; 1909 Ala. LEXIS 165

Aston v. Dodson

Opinion of the Court

ANDERSON, J.

This appeal was taken from a decree of the chancellor sustaining demurrers to 1be re*519spondenfis cross-bill' and dismissing same. The decree in question is not such a one as will support an appeal under section 2838 of the Code of 1907. Nor is it such a final decree as to bring it within the influence of section 2837 of the Code.

The appeal must be dismissed, under the case of Thorne-Franklin Co. v. Gunn, 123 Ala. 640, 26 South. 198, and cases there cited.

Dowdell, C. J., and McClellan and Mayfield, JJ., concur.

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