Lead Opinion
A final decree was rendered in this cause November 18, 1925. Thereafter the appellant moved the court to set aside said decree, and, after being passed from time to time, the motion was overruled February 16, 1926, and it is from this last decree overruling the motion that this appeal is prosecuted. This decree will not support an appeal, which must be dismissed upon the authority of Wood v. Finney,
Appeal dismissed.
SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.
Addendum
The appellant upon application for rehearing seeks for the first time a mandamus to review this nonappealable decree. True, this court has on former occasions awarded mandamus to review certain nonappealable orders or decrees, but the writ was asked for in the alternative upon the submission of the cause. Whether or not mandamus would be appropriate to review the order in question we need not decide, for the reason that the application for same comes too late. Cornelius v. Moore,
SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.