Baugh & Sons Co. v. Crowell Corp.

Pennewill, C. J.,

delivering the opinion of the Court:

This was an action of assumpsit brought by foreign attachment. The plaintiff demurred to defendant’s sixth plea. The demurrer was sustained and defendant elected to take final judgment. Subsequently, a writ of error was taken by the defendant, and dismissed on July 16, 1931, by the Supreme Court because there had been no final judgment obtained in the lower Court. The amount of the judgment had not been ascertained either at the term when the interlocutory judgment was recovered or at the succeeding term. It was, therefore, too late to…