Kilgore v. Tennessee, Coal, Iron & R. R.
Supreme Court of Alabama
Appeal from Walker Chancery Court. Heard before Hon. A. H. Benners. Bill by the Tennessee Coal, Iron & Railroad Company against J. R. Kilgore, to quiet title. Certain facts were certified to the circuit court for trial by a jury, and on return of the finding of the jury in the circuit court, the chancellor entered a decretal order setting aside the verdict of the jury, from which the respondent appeals.
1Opinion of the Court
McCLELLAN, j.
This appeal is sought .to be effected upon and from an interlocutory order of the chancery court setting aside, on motion, the verdict of a jury which was taken under the certification of an issue of fact for trial in the circuit court before a jury. Such an order is not appealable.—Ex parte Colvert, 188 Ala. 650, 65 South. 964.
The motion to dismiss the appeal must be sustained.
Appeal dismissed.
Anderson, C. J., and Sayre and de Graffenried, JJ., concur.
2Cases cited1 opinion
- Ex parte ColvertSupreme Court of Alabama · 1914
3Cited by6 opinions
- Fredenburgh v. Allied Van Lines, Inc.New Mexico Supreme Court · 1968
- Tucker v. HoustonSupreme Court of Alabama · 1927
- Davis v. DawkinsSupreme Court of Alabama · 1922
- Davis v. ZimmernSupreme Court of Alabama · 1924
- Southern Ry. Co. v. Propst DuckworthAlabama Court of Appeals · 1917
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