Almand v. Northern Assurance Co. Ltd.

1. “A writ of error will be dismissed if while it is pending an event occurs which makes the determination of it unnecessary.” Akerman v. Mayor &c. of Cartersville, 119 Ga. 27 (1) (45 S. E. 725); Turner v. Hill, 17 Ga. App. 257 (86 S. E. 460); Drury v. Cameron & Barclay Co., 25 Ga. App. 15 (102 S. E. 373).

2. Where, as here, a suit is dismissed on demurrer for a defect not going to the merits, and prior to the tendering of the bill of exceptions another suit is instituted by the plaintiff against the same defendant, based on the same cause of action, in a court of this State having…