Winn v. Dillard

Motion is made by appellee to dismiss the appeal taken in this cause from the chancellor's ruling on the cross-bill, because there is no final decree in the cause. Under the statute approved March 20, 1875 — Pamph. Acts, p. 189 — we do not consider this point well taken. We hold that the provision for appeal from a decree “ sustaining or overruling a demurrer to a bill in equity," Ac., as provided in that statute, is broad enough in its terms and policy to authorize an appeal from such ruling on a cross-bill.

Whether, in the absence of that statute, an appeal would lie to this court from a…