Arthur H. DuGrenier, Inc. v. Stone
Arthur H. DuGrenier, Inc. v. Stone
Opinion of the Court
delivered the opinion of the Court.
Services of process was obtained on the defendant under the Act codified as T.C.A. Sections 20-235 through 20-240, inclusive.
The defendant filed a plea in abatement on the ground the legislation was unconstitutional.
The Chancellor overruled the plea and granted defendant a discretionary appeal.
We must dismiss the appeal as being premature. A decree overruling a plea in abatement is not an interlocutory decree from which an appeal will lie under T.C.A. Section 27-305. Thus, this Court has not acquired jurisdiction in the instant case. Citizens’ Bank and Trust Co. v. Boyles, 153 Tenn. 40, 281 S.W. 932 (1925); Employers’ Indemnity Co. v. Willard, 125 Tenn. 288, 151 S.W. 1029 (1911); Younger v. Younger, 90 Tenn. 25, 16 S.W. 78 (1890).
The appeal is dismissed at thé cost of appellant.
Reference
- Full Case Name
- Arthur H. DuGrenier, Inc. v. Coe Stone
- Cited By
- 2 cases
- Status
- Published