Commissioners v. Hopkins

A petition for mandamus was filed by Hopkins against the Commissioners of Thomas County. A demurrer to the petition was overruled, and a trial had. The jury found for the petitioner, and the defendants moved for a new trial. The motion was overruled, and the movants sued out a writ of error to this court. It was held that the case was prematurely here, as no mandamus absolute bad ever been granted. The writ of error was dismissed, leave being given the plaintiffs in error to file their exceptions as exceptions pendente lite. Commissioners v. Hopkins, 118 Ga. 643. Subsequently the judge…