Heaton v. Haisten

The Civil Code, § 6138, declares: “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 the cause, or final as to some material party thereto.” An action on a promissory note, in which persons not parties to the original action were made parties and *590ordered to interplead, and upon the trial of which the verdict of the jury consisted only of answers to certain questions…