86 So. 2d 396 | Ala. | 1956
The motion of appellee to dismiss the appeal must prevail. The decree overruling appellants' motion to dismiss the complaint as amended is not such a final decree as will support an appeal. Huie v. Smith,
There was filed in the cause a motion seeking a writ of mandamus in the event an appeal be held inappropriate. This motion is not presented to this court on transcript paper so that the same may be in suitable form for binding, and Rule 32, Revised Rules of the Supreme Court, 261 Ala. XXXI, expressly provides that "no application shall be heard that is not so presented." Aust v. Sumter Farm Stock Co.,
Let the appeal be dismissed and the writ be denied.
Appeal dismissed and writ denied.
LIVINGSTON, C. J., and GOODWYN and MERRILL, JJ., concur.