City of Eufaula v. Alabama Power Co.

GARDNER, Justice.

Following reversal of the cause on former appeal (Alabama Power Co. v. City of Eufaula, 232 Ala. 473, 168 So. 661), complainant’s bill was amended to seek the enforcement of a' vendor’s lien, and as last amended the chancellor sustained a demurrer thereto for want of equity, transferring the cause to the law side of the docket. Section 6492, Code 1923.

To review the ruling on such a decree, mandamus in lieu of appeal is the appropriate remedy. Jones v. Wright, 220 Ala. 406, 125 So. 645. The appeal will be dismissed. As to the mandamus proceedings, we have not overlooked the…