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WOODS v. ALLISON LUMBER COMPANY

2 Div. 338.

74 So.2d 486 (1954)

Walter Gustavus WOODS et al. v. ALLISON LUMBER COMPANY.

Supreme Court of Alabama.

August 30, 1954.

Attorney(s) appearing for the Case

Walter G. Woods, Tuscaloosa, for appellants.

Ira D. Pruitt, Livingston, and McQueen & McQueen, Tuscaloosa, for appellee.

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 taken within six months from the rendition of the * * * decree." Code 1940, Title 7, § 788.

True, the time in which an appeal may be taken is suspended pending a ruling on an application for rehearing duly filed under Equity Rule 62. Manery...

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