Smith v. Leverett

1. When this case was formerly before this court (18 Ga. App. 582, 89 S. E. 1094), the following opinion was rendered: “The only error assigned in "this case being the overruling of the demurrer to the plea and answer of the defendant in the court' below, and there being no final judgment excepted to, the bill of exceptions is prematurely brought, and must b.e dismissed.” No direction was given that a copy of the bill of exceptions of file in the office of the clerk of the trial court should operate as exceptions pendente lite. In the absence of such direction the ruling was final as to the…