STATE v. JABELES

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Docket Number

6 Div. 985.

Attorney(S)

J. Q. Smith, Atty. Gen., and Harwell G. Davis, Asst. Atty. Gen., for the State. While section 2838, Code 1907, has been amended (Acts 1915, p. 137), so as to omit the right to appeal from a decree overruling or sustaining exceptions to a plea, yet under section 3115, Code 1907, and section 13 of the prohibition statute, the plea must be treated as a part of the answer and cross-bill, and the exception thereto treated as the demurrer. Weatherly, Deedmeyer Birch, of Birmingham, for appellee. The amendment to section 2838 wrought by Acts 1915 omitted the right of appeal from a decree of this character, and the appeal must be dismissed. 80 Ala. 345; 119 Ala. 289, 24 So. 750; 197 Ala. 395, 73 So. 46; 161 Ala. 573, 49 So. 1034; 174 Ala. 352, 56 So. 809; 133 Ala. 240, 31 So. 802.

Judges

ANDERSON, C. J.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

6 Div. 985.

Attorney(S)

J. Q. Smith, Atty. Gen., and Harwell G. Davis, Asst. Atty. Gen., for the State. While section 2838, Code 1907, has been amended (Acts 1915, p. 137), so as to omit the right to appeal from a decree overruling or sustaining exceptions to a plea, yet under section 3115, Code 1907, and section 13 of the prohibition statute, the plea must be treated as a part of the answer and cross-bill, and the exception thereto treated as the demurrer. Weatherly, Deedmeyer Birch, of Birmingham, for appellee. The amendment to section 2838 wrought by Acts 1915 omitted the right of appeal from a decree of this character, and the appeal must be dismissed. 80 Ala. 345; 119 Ala. 289, 24 So. 750; 197 Ala. 395, 73 So. 46; 161 Ala. 573, 49 So. 1034; 174 Ala. 352, 56 So. 809; 133 Ala. 240, 31 So. 802.

Judges

ANDERSON, C. J.

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STATE v. JABELES et al.

ANDERSON, C. J.

This appeal is prosecuted by the state from a decree of the circuit court in equity, overruling exceptions to a special plea interposed by one of the appellees to its bill of complaint. While this order or decree was appealable under section 2838 of the Code of 1907, said section was amended by Acts 1915, p. 137, and, as amended, excludes decrees overruling or sustaining pleas.

The appeal must therefore be dismissed.

McCLELLAN, SOMERVILLE, and THOMAS, JJ., concur.

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STATE v. JABELES et al.

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