Fulton v. Chattanooga Publishing Co.

Nichols, Judge.

“No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while 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.” Ga. L. 1957, pp. 224, 230 (Code, Ann., § 6-701).

It is contended by the plaintiff that under the decisions of the Supreme Court in Pergason v. Etcherson, 91 Ga. 785, 790 (18 S. E. 29), and Sumner v. Sumner, 121 Ga. 1, 4 (48 S. E. 727), the…