Kidd v. Finch

Bell, Justice.

(After stating the foregoing facts.)

There is no merit in the motion to dismiss the writ of error. The several grounds thereof present in different forms but one substantial question; that is, whether the defendant Kidd, in proceeding to trial upon his cross-action against Finch alone, after its dismissal as to Johnson and McGill, should be held to have abandoned the suit against the two last named, with the result that the exception to such ruling should be treated as presenting no existing *495controversy for determination. Compare Poole v. Southern Railway Co., 34 Ga. App. 290…