Holston Box & Lumber Co. v. Vonberg & Bates

Jenkins, E. J.

1. Under the ahswer of the Stipreme Court to the question certified to it by this .court as to whether a bill of exceptions, such as here brought, would be valid, where it merely assigned error on the judgment overruling- a motion for a new jury trial on exceptions of fact to an auditor’s report, but did not assign error on the final judgment making such report the judgment of the court, the motion to dismiss the writ of error is denied. 160 Ga. 813 (129 S. E. 92).

2. In order for the pendency of a former suit for the same cause of action and involving the same parties to be good…