Burkhalter v. Roach

1. As to writs of error other than what are known as “fast writs,” the statute declares that “No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in the court below,- unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto.” Civil Code (1910), § 6138.

2. Where the only error assigned in the bill of exceptions is on the refusal of the court to allow a certain amendment to the plaintiff’s petition…