Chattooga County v. Glenn

1. Since a bill of exceptions will lie from an order dismissing an affidavit of illegality upon demurrer, on the theory that, “ the ease going out of court on demurrer, nothing was left to try ” (Artope v. Barker, 72 Ga. 186), an order overruling such a demurrer will likewise support a writ of error therefrom, as a judgment which,- “ if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause.” Civil Code (1910), § 6138.

2. The demurrer to the 1st ground of the affidavit of illegality was sustained by the trial court, and to this decision no…