Mayor and Council of Alamo v. Smith

The defendant in error brought an action against the plaintiff in error. The petition contained seven paragraphs. No general demurrer was filed. Special demurrers to paragraphs 2, 3, 4, 5, and 6, were overruled. The plaintiff in error excepted.

The defendant in error filed a motion to dismiss the writ of error. We will discuss only one of the grounds of the motion as we think it is controlling. This is that the writ of error is premature. Under Code, § 6-701, and the decisions of this court, the writ of error must be dismissed, the point being controlled in principle by Harrell v. Southern…