Morgan v. Morgan

The appellee moves to dismiss the appeal because the same was not made returnable by the register as fixed by section 2870 of the Code of 1907. It is sufficient to say-that the law fixes the return, and an error of the register in designating a different time does not afford a ground for dismissing the appeal. Capehart v. Granite Mills Co., 97 Ala. 353, 12 South. 44.

We also think that the decree appealed from is such a one as will' support an appeal under the statute. The original decree was kept open, and was therefore subject to modification upon petition and proper showing, and the denial…