Indemnity Ins. Co. of North America v. Turnipseed

The submission was on motion to dismiss the appeal and upon the merits.

Was the judgment final, as supporting an appeal? It denied the motion of the garnishee to be discharged, granted the motion of the plaintiff for an oral examination of the garnishee, and set a date for such final hearing of the facts. This was not such a final judgment as will support an appeal. It affirmatively appears that the cause is pending in the circuit court as to liability vel non of the defendant in garnishment. The motion is granted, and the appeal is. dismissed. De Graffenried v. Breitling, 192 Ala. 254, 68 So.…