Barrier v. Kelly

81 Miss. 266

Opinion

Calhoon, J.,

delivered the opinion of the court.

We cannot take cognizance of this appeal because it has no warrant of law. The same order sustains a demurrer to the bill, gives sixty days to amend it, and yet allows an appeal to “ settle the principles of the case. ” Non constat but appellant would conclude to amend. He may have done so, for aught we know, since June 20th, the date of the decree.

In order that a decree may be appealed from, it must be final as to its subject.

Appeal dismissed.