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SIMPSON v. SIMPSON

1 Div. 566.

77 So.2d 368 (1955)

Sallle SIMPSON v. J. B. SIMPSON et al.

Supreme Court of Alabama.

January 13, 1955.

Attorney(s) appearing for the Case

Granade & Granade, Chatom, for appellant.

Wm. G. Lindsey, Chatom, for appellees.

MERRILL, Justice.

Appellees filed a bill in equity to which appellant filed a plea in abatement. Appellees demurred to the plea, the court sustained the demurrer and appellant appeals from that decree.

This appeal must be dismissed. The proper mode of testing the sufficiency of a plea in equity is to set it down for hearing. Bullen v. Bullen, 231 Ala. 192, 164 So. 89; Thomas v. State, 241 Ala. 381, 2 So.2d 772. As pointed out in Rowe v. Bonneau-Jeter Hardware...

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