Dooly v. Gates

15 S.E.2d 729, 192 Ga. 483, 1941 Ga. LEXIS 518

• Court: Supreme Court of Georgia
• Decided: June 16, 1941
• Docket: 13763.
• Status: Published

Opinion

Reid, Chief Justice.

In the bill of exceptions error is assigned on the overruling of a demurrer to a petition for mandamus. It does not appear that mandamus absolute has been granted, and no error is assigned on such a judgment. We have several times ruled that a writ of error of this character is premature. Bridges v. Poole, 176 Ga. 500 (168 S. E. 577); Board of Education of Miller County v. Sheffield, 177 Ga. 100 (169 S. E. 302); Ramsey v. Mingledorff, 183 Ga. 701 (189 S. E. 521). The writ of error is dismissed, with direction, that the plaintiff in error be allowed to file the copy of the bill of exceptions in the superior court, as exceptions pendente lite.

No. 13763. June 16, 1941. Rehearing denied Juey 9, 1941. Jesse M. Sellers, for plaintiffs in error. W. B. Robinson, contra.

Writ of error dismissed, with direction.

All the Justices concur.