Albany Federal Savings & Loan Ass'n v. Henderson

Duckworth, Justice.

Where a special verdict answering specific questions in an equity case is returned, a bill of exceptions assigning error upon the judgment overruling a motion for new trial, which fails to show that a decree based upon the verdict and fixing the rights of the parties in the ease has been entered, is premature and must be dismissed by the Supreme Court, because the case is still pending in the trial court until such a decree is entered. McGowan v. Lufburrow, 81 Ga. 358 (7 S. E. 314); Heaton v. Haisten, 143 Ga. 589 (85 S. E. 765); Smith v. Board of Education, 166 Ga. 535 (143…