44 So. 546 | Ala. | 1907
The decree appealed from settles and determines the equities of the bill, and is therefore a final decree, from which an appeal will lie. The decree was rendered on the 25th day of January, 1906, and appeal was taken on the 25th day of January, 1907. The statute (section 436 of the Code of 1896) provides in-such cases for the taking of the appeal “within one year from the rendition of the judgment or decree.” In computing the time under the statute (section 11 of the Code) the day of the rendition of the decree must be excluded, and, when so computed, the present appeal was taken in time. — L. A N. R. R. Co. v. Watson, 90 Ala. 68, 8 Souh. 249; Dickson v. Frisbee, 52 Ala. 165, 23 Am. Rep. 565; Field v. Gamble, 47 Ala. 443; Cawlfield v. Brown, 45 Ala. 552. The motion to dismiss the appeal must be overruled.
The final decree was rendered on a submission of the cause on the original bill and decree pro confesso. The decree pro confesso was taken on personal service. The service on the respondent corporation was as follows: “Executed .by handing the defendants, W. A. Woodkam as president of said corporation, J. E. Boyett, and J. E.
There being no valid decree pro confesso, and the cause not being otherAAdse at issue, the rendition of the final decree Avas error. The decree must be reversed and the cause remanded for further proceedings.
Reversed and remanded.