Devane v. Smith

Supreme Court of Alabama

Devane v. Smith

112 So. 837, 216 Ala. 177, 1927 Ala. LEXIS 86

CourtSupreme Court of Alabama

DecidedMay 12, 1927

Docket4 Div. 307.

StatusPublished

Cited by18 cases

This text of 112 So. 837 (Devane v. Smith) 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.

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Devane v. Smith, 112 So. 837, 216 Ala. 177, 1927 Ala. LEXIS 86 (Ala. 1927).

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Opinion

GARDNER, J.

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.

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.

xVppeal dismissed.

SAYRE, BOULDIN, and BROWN, JJ„ concur.

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