Legal Opinion
Johnson v. Battle
Supreme Court of Georgia
Decided July 13, 1904PublishedCited by 37 opinions
The exceptions were to. the overruling of a motion by the defendant to dismiss the declaration in attachment, and to the striking of his plea. The bill of exceptions alleges that “ the striking of defendant’s .plea and answer was a final disposition of said cause of action.” It does not appear that any further judgment was rendered.
1Opinion of the CourtAamak, J.
1. Except in the case o£ fast writs, this court has no jurisdiction to consider a writ of error until after a final judgment in the court below, or one whieh would have been final had it been rendered as claimed by the plaintiff in .error. McGowan v. Lufburrow, 81 Ga. 358.
"2. Unless there has been a final termination of the case in the court below, a writ of error will not lie to an order striking a plea, even though the effect of such order may be to entitle the plaintiff to a judgment or verdict as matter of course, Writ of error dismissed.
All the Justices concur.
2Cases cited1 opinion
- McGowan v. LufburrowSupreme Court of Georgia · 1888
3Cited by37 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- English v. RosenkrantzSupreme Court of Georgia · 1920
- Rabhan v. RabhanSupreme Court of Georgia · 1938
- City of Tallapoosa v. BrockSupreme Court of Georgia · 1915
- Gilbert v. Tippens, superintendent of banksSupreme Court of Georgia · 1936
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