City of Troy v. Murphree

This is a bill in equity by J. D. Murphree against the city of Troy, a municipality, and the Pea River Power Company, a corporation. Each defendant filed demurrers to the bill. The court by decree' overruled demurrers of each respondent to the bill. The respondents appeal from that decree, and it is the error assigned by each, separately.

An appeal from a decree by the circuit court in an equity case, overruling a demurrer .to a bill in equity, lies to this court, if taken within 30 days from the rendition thereof. Section 6079, Code 1923. This decree overruling the demurrers of the…