186 Ga. 835 | Ga. | 1938
The Thornhill Wagon Company filed a suit against Cook County and the commissioners of roads and revenues, for cancellation of a tax deed. The defendants filed an answer which they later amended by the addition of a cross-petition in which they prayed for amendment and reformation of the entry or levy as made by the sheriff on the tax execution, and for ref
It is our opinion that the reply is not a good one as applied to the particular facts, and that the motion to dismiss the writ of error is well taken. "There is no provision of law by virtue of which the overruling of a demurrer to a cross-action or counterclaim filed by the defendant may be reviewed by direct bill of exceptions prior to the final disposition of the plaintiff’s case in the court below.” Bellinger v. Eblin, 158 Ga. 657 (124 S. E. 137). "The judgment of the court below sustaining the demurrer of the plaintiff to the counter-petition or cross-action filed by the defendant can not be reviewed by direct bill of exceptions prior to the final disposition of the plaintiff’s case in the court below.” White v. Chisolm, 160 Ga. 177 (127 S. E. 140). See also Byrd v. Equitable Life Assurance Society, 184 Ga. 178 (190 S. E. 584); Dove v. Maxwell, 184 Ga. 460 (191 S. E. 916). While it appears both from the bill of exceptions and from the record that the court refused the application for a receiver, the bill of exceptions assigned error only upon the sustaining of the plaintiff’s demurrer. Under the statutes relating to appellate jurisdiction, the pro-, cedure for reviewing a judgment on demurrer is different from that for the review of an interlocutory order such as the grant or refusal of an application for a receiver. A judgment on demurrer is reviewed under the Code, §§ 6-701, 6-905, while an interlocutory order, as the refusal to appoint a receiver, is reviewed
Writ of error dismissed, with direction.