Employers Ins. Co. v. Brooks

FOSTER, Justice.

This is an appeal from a decree refusing to issue a temporary injunction, and denying relief on a petition for a declaratory judgment, both as features of a single decree dated May 1, 1947. An appeal was taken from that decree May 27, 1947.

Appellee moves to dismiss the appeal (1) because not taken within ten days, and (2) because it is now moot. As to the first ground of the motion, we observe that the decree from which the appeal is taken is a final decree, and the time for taking the appeal is controlled by the statute applicable to such decree, Title 7, sections 788, 162,…