Cooke v. Little

• Decision Date: 14 March 1940
• Docket Number: 8 Div. 975.
• Citation: Cooke v. Little, 194 So. 853, 239 Ala. 319 (Ala. 1940)
• Parties: COOKE v. LITTLE, SUPERINTENDENT OF BANKS.
• Court: Alabama Supreme Court

194 So. 853

239 Ala. 319

COOKE v. LITTLE, SUPERINTENDENT OF BANKS.

8 Div. 975.

Supreme Court of Alabama

March 14, 1940

Rehearing Denied April 4, 1940.

Appeal from Circuit Court, Morgan County; W.W. Callahan, Judge.

In the matter of the liquidation of the Tennessee Valley Bank pending in the Circuit Court of Morgan County, in equity, the Superintendent of Banks, James B. Little, filed a petition for a writ or order restraining or prohibiting the Probate Judge of Colbert County from making any order requiring said Tennessee Valley Bank as guardian of the estate of Leon H Powell, incompetent, to file accounts or settlement in guardianship proceeding pending in said Probate Court. From an order or decree overruling motion of Stockton Cooke, Jr. as guardian ad litem of Leon H. Powell, to set aside and vacate a restraining order issued on the petition aforesaid the guardian ad litem appeals.

Appeal dismissed.

Harris & Harris, of Decatur, for appellee.

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 vacate a restraining order. Code, § 6081; Preskitt v....