Lee v. City of Birmingham

Upon presentation of tbe original bill tbe circuit judge entered an order for tbe issuance of tbe temporary writ of injunction as prayed for therein. Section 8288, Code 1923. The appeal is from this order.

This is not such an interlocutory order from which an appeal is provided by statute. The question is a jurisdictional one, and it is the duty of the court to dismiss the appeal ex mero motu. Long v. Winona Coal Co., 206 Ala. 315, 89 So. 788; Minge v. Smith, 206 Ala. 330, 89 So. 473; City of Troy v. Murphree, 214 Ala. 118, 107 So. 83.

The remedy was by way of motion to dissolve the injunction…