Perdue v. Anderson

No case can be brought to the Supreme Court upon a bill of exceptions so long as it 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 case, or final as to some material party thereto. To an interlocutory decree a bill of exceptions pendente lite may be filed. Civil Code, § 6138. In the present case an action of complaint to recover 135 acres of land was brought. In *513the petition it was alleged that both parties claimed by virtue of the terms of a will, and that a…