Vanzant v. First National Bank

1. It is provided in the Civil Code (1910), § 6138: “No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto.”

2. An equitable suit was instituted against a husband and wife, to recover a money judgment against the husband and cancel a voluntary deed from the husband to the wife. The petition was duly filed, and process was…