Thomas v. Thomas

Decided June 10, 1909

Supreme Court of Alabama · decided 1909-06-10

Heard before Hon. Thomas W. Coleman, Jr. Bill by Charles E. Thomas against Carrie B. Thomas for a divorce on the grounds of abandonment. The respondent filed a cross bill for divorce on the ground of cruelty and other statutory causes, and also prayed for the cancellation of an instrument in writing which is attached to her cross bill as an exhibit. From a decree overruling demurrers to the cross bill, complainant appeals.

Relies on Barclay v. Spragins · Throne Franklin Shoe Co. v. Gunn · Buford v. Ward

Dismissed · Decided 1909-06-10

SIMPSON, J.

¶1This is an appeal from a decree overruling a demurrer to a cross-bill. There is no authority of law for an appeal from an interlocutory decree overruling a demurrer to a cross-bill. — Code-1907, § 2838; *504Barclay, Assignee, et al. v. Spragins, 80 Ala. 357; Jones v. Woodward Iron Co., 90 Ala. 545, 8 South. 132; Festorazzi v. St. J. C. Ch., 96 Ala. 178, 10 South. 521; Buford v. Ward, 108 Ala. 307, 19 South. 357; Richardson v. First Nat. Bank, 119 Ala. 286, 24 South. 54; Woodruff v. Adair, 120 Ala. 659, 24 South. 1006; Throne-Franklin shoe Co. v. Gunn, 123 Ala. 640, 26 South. 198.

¶2The appeal is dismissed.

Dowdell, C. J., and McClellan and Mayfield, JJ., concur.