Mabry v. Dickens , 31 Ala. 243 ( 1857 )

STONE, J.

— In this case, no appeal has been taken to this court; nor has a final judgment been rendered in the court below, from which an appeal could be taken. "While the joinder in error may, under the authority of Thompson v. Lea, 28 Ala. 453, operate a waiver of the want of an appeal, the parties cannot waive a final judgment, and, by consent, give this court jurisdiction of the case. — Code, § 3016. Appeal dismissed.