116 So. 124 | Ala. | 1928
Section 6080 of the Code of 1923, new to said Code and being a codification of the Act of 1923, p. 250, says:
"Whenever the equity of a bill, complaint or petition has been tested and upheld by the Supreme Court on an appeal from any interlocutory order, judgment, or decree, no other appeal can be taken from any subsequent interlocutory order, judgment or decree; but the rulings of the trial court on any such interlocutory orders, judgments or decrees may be reviewed by the Supreme Court on appeal from the final judgment or decree."
This provision was evidently intended to serve some purpose, and we think that purpose was to give some finality to a decree settling the equity of a bill and to cut off continuous and frequent appeals from interlocutory decrees or orders.
This is the third appeal in this case.
Indeed, our recent case of Shields v. Hightower,
We think and so hold that the present interlocutory decree from which this appeal is attempted will not support the appeal, and which is accordingly dismissed.
Appeal dismissed.
SAYRE, GARDNER, and BOULDIN, JJ., concur. *272