Supreme Court of Georgia, 1869

Roe ex. dem. Herrin v. Grannis

Roe ex. dem. Herrin v. Grannis
Supreme Court of Georgia · Decided December 15, 1869
40 Ga. 581
Roe ex. dem. Herrin v. Grannis

Cases that cite this one

5 later published cases cite this decision.

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

The action of the Court below upon a collateral issue, is not reviewable by writ of error while the cause is pending below. Such a case being brought up, the writ of error was dismissed without prejudice to plaintiff’s right to file a bill of exceptions pendente liie under section 4191, Revised Code. (R.)

The action of ejectment was not tried. Because the cause was still pending below, this Court dismissed the writ of error here. Counsel for plaintiff in error asked this Court so to shape its order of dismissal as to allow them to file a bill of exceptions pendente lite. The Court dismissed the cause because prematurely here, “without prejudice to any legal right the plaintiff may have to file his exceptions in the Superior Court under section 4191 of the Code.”

Case-law data current through September 30, 2026. Source: CourtListener bulk data.