Gant v. McCarty

BROWN, Justice.

Neither the order of the circuit court, sitting in equity, overruling the motion to strike, nor the order overruling the demurrer to the petition of Blanche K. McCarty, is within the statute authorizing appeals from interlocutory decrees. Code of 1940, Tit. 7, § 755; Montgomery, Superintendent of Banks, v. Jefferson County, 228 Ala. 568, 154 So. 785.

Nor is the appellant or petitioner here entitled to the writ of mandamus. The only question presented is the right of the petitioner to file the petition, and the sufficiency of the petition to invoke an interpretation of the will…