11 Ala. 562 | Ala. | 1847
The plaintiffs in error filed their bill against the defendants, to which the latter demurred, and their demurrer being overruled, they have prosecuted a writ of error. We hava repeatedly held, that a writ of error will not lie upon an interlocutory decree, while the cause is still pending in the primary court, and unless the act of February, 1846, requires a departure from these decisions, we must repudiate the cause. The third section of that statute to which we have been referred, enacts, “ that when the judge or chancellor holding a court, shall be of opinion that it will
But if the section we are considering is effective for any purpose, its operation must be confined to the primary court, and can neither extend or limit the jurisdiction we are permitted to exercise. Upon this point, it seems to us there is no ground for controversy; for there is nothing to indicate that the legislature intended to secure to either party the right of a revision upon overruling a demurrer merely. The writ of error is consequently dismissed.