Supreme Court of Alabama, 1927

Devane v. Smith

Devane v. Smith
Supreme Court of Alabama · Decided May 12, 1927 · Gardner, Sayre, Bouldin, Brown
112 So. 837; 216 Ala. 177; 1927 Ala. LEXIS 86 (Southern Reporter)
Devane v. Smith

Cases that cite this one

16 later published cases cite this decision.

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Opinion of the Court

GARDNER, J.

Administration of guardianship of the estate of a minor was removed from the probate into the circuit court in equity. Petition was filed by appellee to have the guardian removed and himself, father of the minor, appointed in his stead. 'The guardian’s demurrer to the petition was overruled, and this appeal is prosecuted from the decree overruling said demurrer.

Upon consideration of this cause in ■consultation, the conclusion has been reached that the interlocutory decree rendered in this cause is not appealable. The petition here cannot be construed as a bill in equity so as to come within the influence of section 6079 of the Code of 1923. We find no statute authorizing an appeal from such an interlocutory decree rendered on a petition of this character. Appeal is statutory, and the question is a jurisdictional one. The appeal is .therefore dismissed.

xVppeal dismissed.

SAYRE, BOULDIN, and BROWN, JJ„ concur.

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