Pennington v. Macon County Bank

“ 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.” Civil Code (1910), § 6138.

2. Consequently, where a petition was filed by a bank against one named as defendant, alleging that the defendant was indebted to the bank in a certain sum and that the defendant had been adjudicated a voluntary bankrupt in the district…