Dennis v. Currie

• Decision Date: 31 January 1905
• Parties: DENNIS ET AL. v. CURRIE.
• Court: Alabama Supreme Court

38 So. 802

142 Ala. 637

DENNIS ET AL. v. CURRIE.

Supreme Court of Alabama

January 31, 1905

Appeal from Chancery Court, Autauga County; Richard B. Kelly, Chancellor.

Suit by Ida S. Currie against Georga A. Dennis and others. From a decree overruling a demurrer to the bill, respondents appeal. Dismissed.

Hill, Hill & Whiting, for appellants.

William W. Quarles, for appellee.

ANDERSON, J.

This appeal is prosecuted by the respondents from a decree of the chancellor overruling their demurrer to the bill of complaint. Section 427 of the Code of 1896, giving the right of appeal in this cause, provides that the appeal must be taken within 30 days. The decree was enrolled June 6, 1903, and the appeal was taken July 7, 1903, on the thirty-first day. This court is without jurisdiction to entertain this appeal, and the same is hereby dismissed. Blackburn v. H. Mfg. Co., 135 Ala. 598, 33 So. 160; Lide v. Park, 132 Ala. 222, 31 So. 360.

Appeal dismissed.

McCLELLAN, C.J., and TYSON and SIMPSON, JJ., concur.