Georgia Court of Appeals, 1925

Lawrenceville Cotton Co. v. Southern Railway Co.

Georgia Court of Appeals · Decided September 9, 1925 · Bell

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

Cases that cite this one

2 later published cases cite this decision.

Milner v. Sunbeam Heating Co. (Ga. Ct. App. 1931)
Southern Railway Co. v. Floyd County (Ga. Ct. App. 1927)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.