Preddy v. Herren Sales Co.

• Decision Date: 10 June 1926
• Docket Number: 7 Div. 655
• Citation: Preddy v. Herren Sales Co., 215 Ala. 216, 110 So. 131 (Ala. 1926)
• Parties: PREDDY v. HERREN SALES CO.
• Court: Alabama Supreme Court

110 So. 131

215 Ala. 216

PREDDY v. HERREN SALES CO.

7 Div. 655

Supreme Court of Alabama

June 10, 1926

Rehearing Denied Nov. 11, 1926

Appeal from Circuit Court, Calhoun County; R.B. Carr, Judge.

Bill in equity by the Herren Sales Company against F.C. Preddy and others. From the decree respondent Preddy appeals. Appeal dismissed.

Chas F. Douglas, of Anniston, for appellant.

Agee &amp Bibb and H.H. Evans, all of Anniston, for appellee.

ANDERSON C.J.

A final decree was rendered in this cause November 18, 1925. Thereafter the appellant moved the court to set aside said decree, and, after being passed from time to time, the motion was overruled February 16, 1926, and it is from this last decree overruling the motion that this appeal is prosecuted. This decree will not support an appeal, which must be dismissed upon the authority of Wood v. Finney, 207 Ala. 160, 92 So. 264.

Appeal dismissed.

SOMERVILLE THOMAS, and BOULDIN, JJ., concur.

On Rehearing.

ANDERSON C.J.

The appellant upon application for rehearing seeks for the first time a mandamus to review this nonappealable decree. True, this court has on former occasions awarded mandamus to review certain nonappealable orders or decrees, but the writ was asked for in the alternative upon the submission of the cause. Whether or not mandamus would be appropriate to review the order in question we need not decide, for the reason that the application for same comes too late. Cornelius v. Moore, 208 Ala. 237, 94 So. 57.

SOMERVILLE THOMAS, and BO...