Supreme Court of Alabama, 1940

Cooke v. Little

Cooke v. Little
Supreme Court of Alabama · Decided March 14, 1940 · Thomas, Anderson, Brown, Knight
194 So. 853; 239 Ala. 319; 1940 Ala. LEXIS 301 (Southern Reporter)

Cooke v. Little

Opinion of the Court

THOMAS, Justice.

The lack of statutory authority to maintain the appeal presents to this court a question of jurisdiction.

The appeal is not from the' decree of prohibition (Code, §§ 8979, 8980), but is from an interlocutory order in the circuit court, in equity, overruling a motion to *320 vacate a restraining order. Code, § 6081; Preskitt v. Chandler, 214 Ala. 278, 107 So. 750.

*319 ANDERSON, C. J., not sitting.

*320 It results from the foregoing that the appeal is dismissed for want of jurisdiction. The order attempted to be appealed from does not support the appeal.

Appeal dismissed.

ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.

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