Osborn v. Robertson Tire & Auto Co.

73 So. 229, 15 Ala. App. 358, 1916 Ala. App. LEXIS 200

Opinion

BROWN, J.—

(1) This appeal is prosecuted from an order of the circuit court of’ Jefferson county overruling the appellant’s motion to dismiss the petition and writ of certiorari theretofore granted by the judge of probate of Jefferson county under the provisions of section 4714 of the Code of 1907.

Manifestly, this is not a “final judgment” from which an appeal is authorized by the statute, Code 1907, § 2837. Nor is it such an interlocutory judgment as will support an appeal. — Code 1907, § 2841.

(2) The appeal not conferring jurisdiction upon this court to review the order, it will be dismissed at appellant’s cost. — Led better v. Vinton, 108 Ala. 644, 18 South. 692; Crumley v. Bryan, 69 Ala. 91.

Appeal dismissed.