This appeal is prosecuted by the state from a decree of the circuit court in equity, overruling exceptions to a special plea interposed by one of the appellees to its bill of complaint. While this order or decree was appealable under section 2838 of the Code of 1907, said section was amended by Acts 1915, p. 137, and, as amended, excludes decrees overruling or sustaining pleas.

The appeal must therefore be dismissed.

McCLELLAN, SOMERVILLE, and THOMAS, JJ., concur. *Page 671