Jacoby v. Carrollton Federal Savings & Loan Ass'n

WADDILL, Commissioner.

This appeal was granted by the circuit court from its order sustaining a demurrer to the third paragraph of appellants’ answer, counterclaim, and setoff which necessitates the determination of the preliminary question as to whether or not the order entered is a final one from which an appeal lies to this Court. While the question of our jurisdiction to entertain the appeal is not raised by the parties, jurisdiction cannot -be conferred by consent and must be determined by this Court prior to considering the merits of the appeal.

The branch of the case appealed here stems…