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Johnson v. Battle

48 S.E. 128, 120 Ga. 649, 1904 Ga. LEXIS 665
CourtSupreme Court of Georgia
DecidedJuly 13, 1904
StatusPublished
Cited by37 cases

This text of 48 S.E. 128 (Johnson v. Battle) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Battle, 48 S.E. 128, 120 Ga. 649, 1904 Ga. LEXIS 665 (Ga. 1904).

Opinion

Aamak, J.

1. Except in the case o£ fast writs, this court has no jurisdiction to consider a writ of error until after a final judgment in the court below, or one whieh would have been final had it been rendered as claimed by the plaintiff in .error. McGowan v. Lufburrow, 81 Ga. 358.

"2. Unless there has been a final termination of the case in the court below, a writ of error will not lie to an order striking a plea, even though the effect of such order may be to entitle the plaintiff to a judgment or verdict as matter of course, Writ of error dismissed.

All the Justices concur.

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Bluebook (online)
48 S.E. 128, 120 Ga. 649, 1904 Ga. LEXIS 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-battle-ga-1904.