Blackburn v. Huber Manufacturing Co.

135 Ala. 598

Opinion

TYSON, J.

This appeal is prosecuted from a decree overruling a demurrer to a bill in equity. Authority for such an appeal is found alone in section 427 of the Code. Under the provisions of that section the time allowed foi’ its prosecution is thirty (lays after the rendition of the decree and if taken after the expiration óf the thirty davs, this court is without jurisidiction to entertain it.—Lide v Park, 133 Ala. 222 ; 31 So. Rep. 360. The decree Ayas rendered on the 17th day of March, and the appeal Ayas taken on the 17th day of April folloAving — one day too late.

The. appeal must- he dismissed.