116 Ga. 714 | Ga. | 1902
An examination of the bill of exceptions leads us to the conclusion that the writ of error to this court was prematurely sued out. Emeline Bell brought an action against Stewart, in the city court of Carrollton, alleging a trespass upon her property. The action was returnable to the March term, 1902, of the court, and on the call of the appearance docket of that term was marked in default. At the June term the defendant made a motion to open the default, on certain grounds, which motion was, on June 14, denied by Judge Hodnett, the judge presiding. Subsequently the case was called for trial on July 2 2d, and the judge, on the consent of both parties, passed an order in which, because of his disqualification in the case, he appointed W. P. Cole,Esquire, as judge pro hac vice to preside. The parties being ready, a jury was stricken to try the case. At this stage of the proceedings the defendant filed a motion, on certain grounds, to set aside the judgment rendered by Judge Hodnett on June 14, in which he had refused to open the default. This motion was demurred to, and the judge pro hac vice presiding in the case overruled the demurrer,
The record does not show that any trial was ever had after the default was opened, or that any final judgment was ever rendered in the case; but on the other hand a careful examination of the same leads us to the conclusion that no such final judgment had been Tendered at the time the bill of exceptions was sued out, and, from all that appears in either the bill of exceptions or the record, the case is still pending for trial in said court. All the errors alleged are interlocutory rulings. It is urged and insisted by counsel for defendant in error in his brief filed in this court that the judgments complained of are merely interlocutory, and therefore that the bill of exceptions is premature, and the same should be dismissed for the reason that this court has no jurisdiction to pass on the same. We think this contention is sound. The Civil Code, § 5526, provides that “ No case shall be carried to the Supreme Court upon any bill
Dismissed.