Cooke v. Little
Supreme Court of Alabama
Cooke v. Little, 194 So. 853 (Ala. 1940)
239 Ala. 319; 1940 Ala. LEXIS 301
Thomas, Anderson, Brown, Knight
Cooke v. Little
Opinion of the Court
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.
*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.
Reference
- Full Case Name
- Cooke v. Little, Superintendent of Banks.
- Status
- Published