Pettit v. Stiles Hotel Co., Inc.

Nichols, Judge.

1. The defendant in error, in the writ of error filed by the corporation to the denial of its motion for a judgment notwithstanding the mistrial, filed a motion to dismiss based on the ground that an exception to a judgment denying a motion for judgment notwithstanding the mistrial will not lie until the final bill of exceptions in the case.

Code § 6-701 as amended by the Act of 1957 (Ga. L. 1957, pp. 224, 229), provides in part: “No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless…