Elks Lodge Decatur Lodge No. 655 v. State ex rel. Slate

LAWSON, Justice.

The motion of appellee to dismiss the appeal must prevail. The decree overruling appellants’ motion to dismiss the complaint as amended is not such a final decree as will support an appeal. Huie v. Smith, 238 Ala. 81, 189 So. 729. Nor is it within the influence of the provisions now codified as *224§ 755, Title 7, Code 1940, authorizing appeals from certain interlocutory decrees.

There was filed in the cause a motion seeking a writ of mandamus in the event an appeal be held inappropriate. This motion is not presented to this court on transcript paper so that the same may be in…