Lawrenceville Cotton Co. v. Southern Railway Co.

Georgia Court of Appeals
Lawrenceville Cotton Co. v. Southern Railway Co., 34 Ga. App. 333 (1925)
129 S.E. 290; 1925 Ga. App. LEXIS 253
Bell

Lawrenceville Cotton Co. v. Southern Railway Co.

Opinion of the Court

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.

Reference

Full Case Name
Lawrenceville Cotton Company v. Southern Railway Company
Cited By
2 cases
Status
Published