Smith v. Smith

Candler, Justice.

1. While no motion has been made to dismiss the writ of error, it is nevertheless this court’s duty to consider and determine its jurisdiction in all cases brought up for review in which there may be any doubt as to the existence of such jurisdiction; and the present case is one calling for such inquiry. Brockett v. Maxwell, 200 Ga. 213 (36 S. E. 2d 638); Lanier v. Bailey, 206 Ga. 161 (56 S. E. 2d 515); Clay v. Smith, 208 Ga. 423 (67 S. E. 2d 235).

2. In this State a party to litigation may except either to a final judgment adverse to him or to one which, if it had been…