Cooke v. Little

194 So. 853, 239 Ala. 319, 1940 Ala. LEXIS 301
CourtSupreme Court of Alabama
DecidedMarch 14, 1940
Docket8 Div. 975.
StatusPublished

This text of 194 So. 853 (Cooke v. Little) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooke v. Little, 194 So. 853, 239 Ala. 319, 1940 Ala. LEXIS 301 (Ala. 1940).

Opinion

THOMAS, Justice.

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

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.

*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.

Appeal dismissed.

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

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Related

Preskitt v. Chandler
107 So. 750 (Supreme Court of Alabama, 1926)

Cite This Page — Counsel Stack

Bluebook (online)
194 So. 853, 239 Ala. 319, 1940 Ala. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooke-v-little-ala-1940.