Coe v. East & West R. R. of Alabama
Opinion of the Court
Some question has heen made in regard to the right of the executors of Eugene Kelly to have an appeal at all in the case, on the ground that, as the purchaser of the property, Eugene Kelly had no interest in the disposition of the fund accruing from the sale. Our view of other questions in the case renders it unnecessary to consider this objection. The order of the court affirming the clerk’s accounts was a decree after the final decree in the main ease, and itself became a final decree on the adjournment of the court for term at wlíich it was entered, and no appeal could be taken therefrom unless the same should he sued out within six months from the time the decree was rendered. The petition filed by the executors of Eugene Kelly, more than three terms after the decree was rendered, asking to have the aforesaid final decree set aside, could not have the effect of opening up
Reference
- Full Case Name
- COE v. EAST & WEST R. R. OF ALABAMA
- Status
- Published