Farmers & Merchants Bank v. Cochran

Broyles, O. J.

1. “When a defendant against whom a verdict has been rendered makes a motion for a new .trial, he can not properly, while the motion is still pending and undisposed of, bring to this court for review any ruling, order, or decision made by the judge during the progress of the case.” Gross v. Wilds, 21 Ga. App. 620 (94 S. E. 812); Kelly & Jones Co. v. Moore, 125 Ga. 382 (54 S. E. 118); Dulce v. Story, 113 Ga. 112 (38 S. E. 337); Carreker v. Thornton, 1 Ga. App. 508 (57 S. E. 988).

2. “When in a given case it should have been obvious that the writ of error was premature, this court…