Hill v. Lang

Mobley, Justice.

A motion was made in the Supreme Court to dismiss the writ of error in case 18866, on the ground that the bill of exceptions was premature because the second count was still pending in the trial court. No cause shall be carried to the Supreme Court upon any bill of exceptions while the same is pending in the court below, unless the 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. Code (Ann. Supp.) § 6-701, Ga. L. 1953, Nov.-Dee. Sess., pp. 440, 455.…