Walter Gustavus Woods v. Allison Lumber Co.

SIMPSON, Justice.

Appellee has timely filed its motion to dismiss the appeal because it was not perfected until more than six months after the rendition of the final decree. The motion is well taken. The appeal “must be *287taken within six months from the rendition of the * * * decree.” Code 1940, Title 7, § 788.

True, the time in which an appeal may he taken is suspended pending a ruling on an application for rehearing duly filed under Equity Rule 62. Manery v. Manery, 256 Ala. 441, 55 So. 2d 194; Gavin v. Hughes, 249 Ala. 126, 30 So.2d 245; Williams v. Knight, 233 Ala. 42, 169 So. 871.

But the…