Webb v. Smith

Counsel for the defendants in error moved to dismiss the writ of error in this case on the ground that the bill of exceptions was prematurely brought by the plaintiffs in error under the provisions of Code § 6-701 (1955 Supp.) which reads in part as follows: “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…