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216 Ala. 177

112 So 837

Devane v. Smith

Supreme Court of Alabama

Decided May 12, 1927

Supreme Court of Alabama · decided 1927-05-12

Key passage — most relied on by later courts

““Appeal is statutory, and the question is a jurisdictional one.””

quoted by 1 later decision, including Clary v. Cassels

Good law ✅— No negative treatment on recordhow we know

Decided 1927-05-12

How this case has been cited

Cited by 17 later decisions — most recently March 1966

17 state decisions

5019271930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

GARDNER, J.

¶1 Administration of guardianship of the estate of a minor was removed from the probate into the circuit court in equity. Petition was filed by appellee to have the guardian removed and himself, father of the minor, appointed in his stead. 'The guardian’s demurrer to the petition was overruled, and this appeal is prosecuted from the decree overruling said demurrer.

¶2 Upon consideration of this cause in ■consultation, the conclusion has been reached that the interlocutory decree rendered in this cause is not appealable. The petition here cannot be construed as a bill in equity so as to come within the influence of section 6079 of the Code of 1923. We find no statute authorizing an appeal from such an interlocutory decree rendered on a petition of this character. Appeal is statutory, and the question is a jurisdictional one. The appeal is .therefore dismissed.

¶3 xVppeal dismissed.

SAYRE, BOULDIN, and BROWN, JJ„ concur.
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