Cooke v. Little

Supreme Court of Alabama

Decided March 14, 1940

Supreme Court of Alabama · decided 1940-03-14

Relies on Preskitt v. Chandler

Good law ✅— No negative treatment on recordhow we know

Decided 1940-03-14

How this case has been cited

Cited by 5 later decisions — most recently January 1986

5 state decisions

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.

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THOMAS, Justice.

¶1 The lack of statutory authority to maintain the appeal presents to this court a question of jurisdiction.

¶2 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 *320 vacate a restraining order. Code, § 6081; Preskitt v. Chandler, 214 Ala. 278, 107 So. 750.

*319 ANDERSON, C. J., not sitting.

¶3 *320 It results from the foregoing that the appeal is dismissed for want of jurisdiction. The order attempted to be appealed from does not support the appeal.

¶4 Appeal dismissed.

ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.