Rowe v. Johnson

1. An order sustaining certain special demurrers to the peti tion and limiting the action to one arising ex contractu, which left the suit pending in the lower court, was not a final judgment from which a direct bill of exceptions would lie. Harrell v. Southern Ry. Co., 13 Ga. App. 409 (79 S. E. 240); Woodland v. Woodland, 33 Ga. App. 167 (125 S. E. 732); Joyner v. Hamilton, 79 Ga. App. 106 (53 S. E. 2d 133); Fickett v. Fuller, 171 Ga. 190 (154 S. E. 784). The main bill of exceptions was, therefore prematurely sued out, and must be dismissed.

2. Where the cross-bill of exceptions was not…