SWEPSTON, Justice.
Preliminary to a discussion of the merits of the case, attention is called to the fact that the order of the Circuit Judge purports to allow a discretionary appeal. The only provision for discretionary appeals appears in T.C.A. 27-305 as amended by Ch. 172, Acts of 1955, relating to equity cases, but the same has no application to the instant situation. As will later appear herein, however, the judgment entered in the Circuit Court was a final judgment...
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