Craig v. Craig

The appeal is from the decree of October 29, 1928, overruling demurrer to the bill as amended.

The, decree of March 26, 1928, sustaining demurrer to defendant’s plea (constituting the first assignment of error argued by counsel) is not reviewable under this appeal from the above-noted interlocutory decree on demurrer to the bill. Kyser v. Am. Surety Co., 213 Ala. 614, 105 So. 689. Nor does the present statute (section 6079, Code of 1923) authorize an appeal from such interlocutory decree on sufficiency of a plea. Sugar Factories, etc., Co. v. Fies, 213 Ala. 556, 105 So. 590; State v. Jabeles,…