Dearborn Stove Co. v. Dean

GOODWYN, Justice.

We granted certiorari to review the opinion and decision of the Court of Appeals in Dearborn Stove Co. v. Dean, formerly doing business as D. & D. Transportation Co., 115 So.2d 253.

The Court of Appeals dismissed the appeal ex mero motu. Such action was based on the fact that the appeal was not brought within thirty days after final judgment, as provided for in § 1074, Tit. 7, Code 1940. The question before us is whether the appeal is controlled by that section or by § 788, Tit. 7, which authorizes appeals within six months after final judgment. The appeal was taken within six…