Bagley v. Bagley

Duckworth, Justice.

The only assignment of error in the bill of exceptions is upon the judgment sustaining certain grounds of special demurrer. Such judgment was not a final judgment, and the case was left pending in the court below. Therefore the bill of exceptions is prematurely brought, and the writ of error must be dismissed. Code, § 6-701; Jackson v. Green, 58 Ga. 460; Berryman v. Baden, 112 Ga. 752 (38 S. E. 53); Johnson v. Battle, 120 Ga. 649 (2) (48 S. E. 128); Canuet v. Seaboard Air-Line Railway, 128 Ga. 41 (57 S. E. 92) ; MacDonell v. South Georgia Live Stock Corporation, 152 Ga. 475…