Smith v. Johnson

1. The action of the court below upon a collateral issue is not reviewable by writ of error while the cause is pending in the trial court. Civil Code, § 6138; Smith v. Estes, 128 Ga. 368 (57 S. E. 685); Brannon v. State, 147 Ga. 499 (94 S. E. 759); Lester v. Wright, 145 Ga. 15 (88 S. E. 403).

2. Accordingly, in an equitable action by a tenant in possession, to enjoin an alleged purchaser at sheriff’s sale from evicting such tenant, where a collateral issue was raised upon an application by the defendant to require the plaintiff to give a bond for reasonable rent of the premises in dispute, and…