Lawrenceville Cotton Co. v. Southern Railway Co.

Court of Appeals of Georgia

Lawrenceville Cotton Co. v. Southern Railway Co.

129 S.E. 290, 34 Ga. App. 333, 1925 Ga. App. LEXIS 253

Court of Appeals of Georgia·Decided September 9, 1925·No. 16349·Published·Cited by 2 cases

Opinion

Bell, J.

This court is without jurisdiction to entertain a bill of exceptions which fails to assign error upon a final judgment. Civil Code (1910), § 6138. A judgment striking a plea is not a final judgment. The instant bill of exceptions, having complained only of the judgment striking, the defendant’s plea, must be dismissed; and this is true even though it appears in the record that the case was finally terminated by a judgment in favor of the plaintiff. Pierce v. Felts, 23 Ga. App. 665 (99 S. E. 139).

Writ of error dismissed.

Jenhins, P. J., and Stephens, J., concur.

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Bell, J.

This court is without jurisdiction to entertain a bill of exceptions which fails to assign error upon a final judgment. Civil Code (1910), § 6138. A judgment striking a plea is not a final judgment. The instant bill of exceptions, having complained only of the judgment striking, the defendant’s plea, must be dismissed; and this is true even though it appears in the record that the case was finally terminated by a judgment in favor of the plaintiff. Pierce v. Felts, 23 Ga. App. 665 (99 S. E. 139).

Writ of error dismissed.

Jenhins, P. J., and Stephens, J., concur.

Lawrenceville Cotton Co. v. Southern Railway Co., 129 S.E. 290, 34 Ga. App. 333, 1925 Ga. App. LEXIS 253 (Ga. Ct. App. 1925).

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