Jones v. Industrial Life Health Ins. Co.

ANDERSON, O. J.

This appeal was taken from'a de cree rendered October the 3d, 1930, sustain ing a demurrer to appellants’ bill of com plaint. In the meantime, October the 25th 1930, the trial court rendered a final decree dismissing the bill, and the appeal was not taken until after the rendition of said final decree. This being the case, the appeal should have been taken from said final decree under section 6078 and not from the in terloeutory decree, as governed by section 6079 of the Code of 1923. Schwarz v. Barley, 142 Ala. 439, 38 So. 119. Had the appeal been taken from the final decree,…