Wood v. Sheppard

Felton, Chief Judge.

1. A writ of error assigning error on the denial of a motion for a new trial is premature where a motion for a judgment notwithstanding the verdict is still pending in the court below. This is the fact in the case and the writ of error must be dismissed. Fulton v. Chattanooga Pub. Co., 98 Ga. App. 473 (105 S. E. 2d 922). The act of 1957 (Ga. L. 1957, pp. 224, 230; Code, Ann., § 6-701) does not authorize this court to rule on the question presented for the reason that no writ of error is permissible unless there is a final judgment or one that would have been final if made…