Gavin v. Shelby County

Plaintiff in error sued the defendants in error to recover damages as the result of taking his property for internal improvements. The trial court sustained the motion of the Department of Highways and Public Works to dismiss the suit as to it, but did not dispose of the case as to Shelby County. In this situation the trial court permitted the plaintiff in error to appeal to this court.

The Department of Highways and Public Works has filed a motion to dismiss the appeal because the judgment of the trial court is interlocutory, from which no appeal lies. This motion is sustained and the appeal…