Gaither v. Gaither

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The husband made a motion in the Supreme Court to dismiss the writ of error on the grounds: (1) the assignment of error in the bill of exceptions upon the judgment of the trial court, sustaining the plaintiffs demurrers to and striking the defendant’s amended answer and cross-action, being one on an interlocutory order, and neither the bill of exceptions nor the^ record showing that said antecedent ruling necessarily controlled the final judgment, cannot in itself nor under said general exception to the final judgment as…