Buchanan Coal Co. v. Street

The chancellor sustained a demurrer to complainants’ bill and, on his own motion, transferred the case from the chancery to the law side of the court. From that decree complainants sought and obtained this appeal.

Appellees contend that a decree transferring a case, under Code, sec. 6084, from the chancery to the law side of the court is not an appealable decree.

In Hodges and DeJarnette v. Thornton, 138 Va. 112, 122, 120 S. E. 865, 868, this is said: “It is argued that inasmuch as the decree did not dismiss the case, but merely transferred it to the law side of the court, it was not a final…