Aust v. Sumter Farm & Stock Co.

The motion of appellee to dismiss the appeal must prevail. This was not such a final judgment or decree as would support an appeal, and the act of 1915, supra, makes no provision for an appeal from such an order. Upon this question the case of Cornelius v. Moore, 208 Ala. 237, 94 South. 57, is conclusive adversely to appellant’s contention. Under this authority, as the cause was transferred to the equity side of the docket upon motion of defendant in the ejectment suit, it became the duty of such defendant to amend the pleadings so as to conform to the equitable procedure. The contrary view…