Commissioners of Thomas County v. Hopkins

1. A demurrer to a petition for mandamus was overruled ; issues of fact were then submitted to a jury, and were found in favor of the petitioner ; defendant made a motion for a new trial, which was refused. Held, that the, case is prematurely brought to this court by a bill of exceptions assigning error upon the refusal to grant anew trial and upon exceptions pendente lite to the overruling of the demurrer, when it' appears that no mandamus absolute has been granted. Until a judgment granting a mandamus absolute is rendered the case is still pending in the court below.

2. As, under the…