Opinion
No. 41454.
April 4, 1960.
1. Appeal — order of Circuit Court merely quashing service of process on nonresident administrator was not appealable.
Order of Circuit Court merely quashing service of process on nonresident administrator but not dismissing suit did not constitute a final judgment, and appeal therefrom would be dismissed.
Headnote as approved by McGehee, C.J.
APPEAL from the Circuit Court of Wilkinson County; JAS. A. TORREY, Judge.
Morse Morse, Poplarville, for appellant.
Clay B. Tucker, Woodville, for appellee.
(Hn 1) In this case the only order or judgment rendered by the Circuit Court of Wilkinson County was an order quashing the service of process on the nonresident administrator of the Estate of William E. Ensminger, deceased. The order did not dismiss the suit and is therefore not a final judgment. Interlocutory appeals are not provided for from the circuit court. The terms of the order quashing the process must have been overlooked; it did not dismiss the suit, and there having been no final judgment rendered in the cause the appeal to this Court must be and the same is hereby dismissed.
Appeal dismissed.
Kyle, Holmes, Ethridge and Gillespie, JJ., concur.