Holder v. Taylor

FOSTER, Justice.

This suit was begun at law for the .recovery of land in the nature of ejectment. It was transferred to the equity side of the docket ex mero motu. Plaintiff filed a bill after such transfer, as was appropriate. Meadows v. Birmingham Federal Savings Loan Society, 232 Ala. 3, 166 So. 53.

Demurrer to the bill was overruled, from which this appeal was prosecuted. Since this is not a final decree, appellant cannot assign as error the order of transfer. An appeal is statutory, and unless the statute so authorizes, it cannot be used to review the ruling of a trial court. Pearson v.…