Southern Moon Auto Co. v. Moon Motor Car Co.

1. In order for a judgment to be reviewed by an appellate court in a case which remains pending in the trial court, it must appear that, had the trial judge rendered a decision or judgment such as the plaintiff in error contends should have been rendered instead of that complained of, there would have been a final disposition of the cause. Civil Code (1910), § 6138; Berryman v. Haden, 112 Ga. 752 (2) (38 S. E. 53). Thus, where a defendant has taken exceptions of law and exceptions of fact to the report of an auditor finding in favor of the plaintiff on -the main suit and against the defendant…