Dudley v. Whatley

SIMPSON, Judge.

The suit is to recover rent of a dwelling house due the plaintiff’s intestate from December- 1, 1940, to August 15, 1941.' From an adverse judgment below, the defendant appeals.

The defendant first interposed a motion to transfer the cause to the equity docket, claiming an equitable defense to the action, not pleadable at law. Code 1940, Title 13, Section 152. The denial of this motion is the initial assignment of error.

The uniform holding of our Supreme Court is that the refusal of the trial court to transfer a cause from the law docket to the equity docket is not reviewable by…