Whitton v. Barrow

Though the losing. party on the trial of a special issue as to the genuineness of a deed offered in evidence on the trial of ejectment may file a motion for a new trial and except to a judgment denying such motion, that judgment can not be reviewed in this court while the ejectment or main case is still pending in the court below. Where no final dsposition of the case is made by the trial court at the term at which the special issue is tried, the losing party in the motion for new trial may except pendente lite to the judgment refusing a new trial, upon which error may be assigned in a bill…