Jackson v. Jackson

The appeal is taken from an interlocutory decree allowing alimony and counsel fees pendente lite.

The decree is not such as has been made by statute to support an appeal before final decree. The question presented is jurisdictional, and jurisdiction cannot be conferred by consent. Richardson v. First Nat. Bank of Gadsden, 119 Ala. 286, 24 South. 54; Nabers, Receiver, v. Morris Min. Co., 103 Ala. 543, 15 South. 850; Barclay, Assignee, v. Spragins, Adm’r, 80 Ala. 357. That is to say, the appeal must be dismissed by this court ex mero motu, for the reason that the court has no jurisdiction to…