Verner v. Verner

Atkinson, Justice.

The defendant in error moved to dismiss the writ of error, on the ground the case was pending in the trial court, and the judgment complained of, if it had been rendered as claimed by the plaintiff in error, would not have been a final disposition of the cause, or final as to any material party thereto.

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…