National Bank v. Brown
Court of Appeals of Georgia
Motion to dismiss writ of error.
1Opinion of the CourtWade, J.
The judgment overruling a demurrer to the defendant’s answer was a mere interlocutory ruling, and, if the decision of the court had been rendered as the losing party claimed it should have been, it would not have resulted in a final disposition of the cause. For this reason the bill of exceptions is premature, and must be dismissed. Civil Code, § 6138; Case Threshing Machine Co. v. Hodges, 9 Ga. App. 722 (73 S. E. 189), and cases there cited; Hyland Chemical Co. v. Goddard, 10 Ga. App. 13 (72 S. E. 515).
The writ of error is dismissed.
Roan, J., absent.
2Cases cited2 opinions
- Case Threshing Machine Co. v. HodgesCourt of Appeals of Georgia · 1911
- Hyland Chemical Co. v. GoddardCourt of Appeals of Georgia · 1911
3Cited by2 opinions
- Smith v. LeveretteCourt of Appeals of Georgia · 1916
- Berrien County Bank v. BrownCourt of Appeals of Georgia · 1914