
    Pine Lumber Company v. Covington County.
    Appeal. Circuit court. Judgment on demurrer.
    
    An appeal does not lie from the judgment of the circuit court over ruling a demurrer to a declaration.
    Prom the circuit court of Covington county.
    Hon. John it. Enochs, Judge.
    Covington county, the appellee, was plaintiff in the court below; the lumber company, the appellant, was defendant there. The defendant undertook to appeal from the judgment' of the court below overruling its demurrer to plaintiff’s declaration.-
    
      R. L. & JE. 8. Dent, for appellant.
    
      Livingston &■ McLcmrin, for appellee.
   Truly, J.,

delivered the opinion of the court.

This is an appeal attempted to be taken from a judgment of a circuit court overruling a demurrer to a declaration. The appeal does not lie. Code 1892, § 697, provides that “if the demurrer of the defendant to a declaration be overruled, the court shall give judgment for the plaintiff” unless the defendant make oath that he has a good and substantial defense, in which event the case proceeds to final judgment upon the plea of the defendant.

Tine appeal is dismissed.  