113 So. 239 | Ala. | 1927
Upon the merits of this appeal, it is insisted that the motion of the defendants to strike the complaint as violative of section 9457, Code of 1923, is supported by the cases of Cooper v. Cooper,
Preliminary, however, to a consideration of this question, is that embraced in the motion of appellees to dismiss the appeal based upon the ground that there has been entered no final judgment in the cause as will support an appeal. As pertinent to this question, the judgment entry discloses only that the court sustained the motion of defendants to strike the complaint, and nothing more. This was not a final disposition of the cause. The case is not distinguishable in principle from Wise v. Spears,
The question is a jurisdictional one, and the appeal must be dismissed.
Appeal dismissed.
SAYRE, BOULDIN, and BROWN, JJ., concur. *367