Girtman v. Girtman

Grice, Justice.

Had the motion of plaintiff in error to dismiss the proceeding been sustained, it would have been a final determination of the cause. Since in the bill of exceptions error is assigned on the ruling denying that motion, the writ of error can not be dismissed on the ground that it was prematurely sued out; and this is true regardless of whether the additional order providing for the custody of the child be treated as merely a direction that it be delivered to one of the parties pending a further hearing. Code, § 6-701.

Looked at from any one of several standpoints, the defendant…