Cooke v. Little, 194 So. 853 (Ala. 1940). · Go Syfert
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Cooke v. Little, 194 So. 853 (Ala. 1940). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: McCall v. State, 487 So. 2d 1375 (Ala. Crim. App. 1986)
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Cited for
194 So. at 856 cited at this page1 citing case
  • McCall v. State, 487 So. 2d 1375 (Ala. Crim. App. 1986).published
    "The pendency of the two indictments charging the same offense is no ground for abatement of either prosecution." Howard , 29 Ala. App. at 202 , 194 So. at 856 (one indictment returned in 1914, the other in 1937).
Retrieving the full opinion text from the archive…
Cooke
v.
Little, Superintendent of Banks.
8 Div. 975..
Supreme Court of Alabama.
Mar 14, 1940.
Published opinion
194 So. 853
1940 Ala. LEXIS 301
Stockton Cooke, Jr., of Sheffield, in pro. per., Harris & Harris, of Decatur, for appellee.
Thomas, Anderson, Brown, Knight.
Published
THOMAS, Justice.

The lack of statutory authority to maintain the appeal presents to this court a question of jurisdiction.

The appeal is not from the' decree of prohibition (Code, §§ 8979, 8980), but is from an interlocutory order in the circuit court, in equity, overruling a motion to[*320] vacate a restraining order. Code, § 6081; Preskitt v. Chandler, 214 Ala. 278, 107 So. 750.

[*319] ANDERSON, C. J., not sitting.

[*320] It results from the foregoing that the appeal is dismissed for want of jurisdiction. The order attempted to be appealed from does not support the appeal.

Appeal dismissed.

ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.