Legal Opinion

National Bank v. Brown

Court of Appeals of Georgia

Decided August 22, 1914No. 5728PublishedCited by 2 opinions

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

  1. Case Threshing Machine Co. v. HodgesCourt of Appeals of Georgia · 1911
  2. Hyland Chemical Co. v. GoddardCourt of Appeals of Georgia · 1911

3Cited by2 opinions

  1. Smith v. LeveretteCourt of Appeals of Georgia · 1916
  2. Berrien County Bank v. BrownCourt of Appeals of Georgia · 1914