99 Tenn. 476 | Tenn. | 1897
This bill was filed against the In-galls Zinc Company, a body corporate, and also
The only question before this Court under the appeal and assignment of errors is, Was the Court of Chancery Appeals correct in dismissing complainant’s appeal? We are of opinion it was correct. The decree appealed from was not a final décree, and disposed of the case as to part of the defendants only, leaving the case pending in the Court below as to the other and the principal defendant. A decree which settles the cause as to only a part of the defendants is not final, and an appeal does not therefore lie as a matter of right. Delap v. Hunter, 1 Sneed, 101; Hume v. Commercial Bank, 1 Lea, 220; Grotenkemper v. Carver, 4 Lea, 383;
Neither is it such a decree as falls within the statute (Shannon, 4889) allowing an appeal in the discretion of the Chancellor. That statute only allows an appeal, in the Chancellor’s discretion, from a decree overruling a demurrer or settling the rights of the party appealing. A contrary practice would divide a case into two suits, one pending in this Court against some of the defendants and the other against the other defendants in the Court below. The complainants in each case can only revise the action of the Chancellor after the final decree in the Court below. Hunter v. Gardenhire, 10 Lea, 89; Younger v. Younger, 6 Pickle, 25, 29; Gurley v. Railroad, 7 Pickle, 486.
Such has been the uniform holding of this Court, and it is not disposed to change it or admit of any other construction of the statute referred to. The writer of this opinion has never Had this view of the statute.. The last clause is, the Chancellor “may allow any party to appeal from a decree which settles his rights, although the case may not be disposed of as to others. ’ ’
I am of opinion the decree sustaining this demurrer was final as to the demurrants, and settled their rights and liabilities. It likewise settled the rights of the complainants against the demurrants, and by 'the plain language of the statute an appeal would lie, in the discretion of the Chancellor, to the losing party.