Ragsdale v. Middlebrooks

1. Upon the hearing of the certiorari in this case, the defendant in certiorari filed a traverse to the answer of the trial magistrate. The issue thus raised was submitted to a jury and a verdict in favor of the traverse was returned. Subsequently the plaintiff in certiorari made a motion for a new trial, which was overruled, and the movant brought the case to this court, assigning that judgment as error.

*9The judgment excepted to is not a final judgment within the meaning of the provisions of section 6138 of the Civil Code of 1910. “The determination of the merits of the traverse is a mere…