Murphy v. Murphy

1. A will was offered for probate in solemn form. A caveat was filed. A demurrer to the caveat was sustained. Direct exception to the order sustaining the demurrer was brought to this court, this being the only assignment of error. A motion is made to dismiss the bill of exceptions as being prematurely brought. Eeld, that the case is still pending in the court below, and on motion the writ of error is dismissed, it not falling within one of the exceptions provided by statute. Civil Code (1910), § 6138. See Johnson v. Merchants &c. Bank, 141 Ga. 721 (81 S. E. 873) ; Burkhalter v. Roach, 145…