174 So. 292 | Ala. | 1937
The appeal in this cause must be dismissed.
It appears from the record that the court made and entered in the cause a final decree on the 19th day of February, 1936. On March 16, 1936, the respondents-appellants filed their petition for a rehearing. This petition was allowed to lie dormant until May 16, 1936, when the court, without any orders having been made and entered on the petition to keep it alive, undertook to pass upon and to deny the prayer of the petition. The decree and the petition, at that time, had passed completely from the jurisdiction of the court. Hale et al. v. Kinnaird,
The appeal was taken by appellant, not from the final decree made in said cause on February 19, 1936, but from the abortive decree made on the 16th day of May, 1936, overruling and denying the respondent's petition for a rehearing. This fact is clearly shown both by the appeal bond and by the citation issued by the clerk.
We have time and again held that the granting or denial of a rehearing is a matter within the sound discretion of the court in equity proceedings, and is not appealable. Commercial Credit Company v. State ex rel. Stewart,
The appeal is, therefore, dismissed.
Appeal, dismissed.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.