Brown v. McKnight

Appellant sued appellee on a note. The trial court had established a rule as to pleading in short by consent, with which plaintiff had not complied, and in the enforcement of this rule the court continued the case and taxed plaintiff with all the costs that had accrued to that date. Plaintiff reserved exception, and appeals, assigning this action as error. It is too clear for discussion that the order made was not a final judgment as would support an appeal, and there is no statutory authority for an appeal from such an order. The appeal must be dismissed. Wise v. Spears, 200 Ala. 695, 76 So.…