Smoot v. Miller

FOSTER, Justice.

This is an appeal by both the complainant and respondent from a final decree in a cause which was here previously on appeal from a decree overruling demurrer to the bill of complaint. 238 Ala. 14, 189 So. 67.

Complainant assigns errors, but respondent has not done so, and the cause was continued as to the appeal of respondent. This was not pursuant either to the Code of 1940, Title 7, section 746, or to Supreme Court, Rule 3, as amended, 240' Ala. XVI. We do not wish to imply that an appellee may appeal from the same decree except as provided in those statutes. 4 Corpus Juris…