Caheen v. First Nat. Bank of Birmingham

BROWN, Justice.

This appeal is from the interlocutory decree entered on August 10, 1934, overruling the separate demurrers of appellants to the bill as last amended; therefore the soundness of the decree of March 30, 1934, holding the plea filed by Julien and Maurice Caheen to the original bill insufficient and striking the same, is not within the scope of this appeal.

Moreover, the statute, Code 1907, § 2838, authorizing appeals from interlocutory decrees “overruling a demurrer to a bill in equity, or sustaining or overruling a plea to such bill,” was amended by the Act approved March 17, 1915…