Murphey v. Brewer

There is a motion to dismiss complainant’s appeal in this case based upon the following factual situation. The suit was filed by Mrs. Murphey against Brewer and three Coca Cola Bottling Companies. Some of the defendants demurred to the bill which demurrer was sustained and the bill dismissed as to those defendants but not as to all defendants.

Gibson’s Suits in Chy., 4th ed., sec. 1265, states, “An appeal by the complainant will not lie, however, from a decree dismissing the bill on demurrer as to some of the defendants or overruling a plea in abatement, but it will lie on application of a…