163 Ga. 643 | Ga. | 1927
There is a motion to dismiss the writ of error, because there has been no final judgment. The motion must be sustained, because, until there has been a final judgment in the lower court, this court is without jurisdiction to deal with the subject-matter. Irrespective of the pendency of any previous litigation, and without reference to the question of costs, the rule is inflexible that only exceptions pendente lite can be filed unless there has been a final judgment disposing of the case adversely to the party who seeks a writ of error, or a refusal of the court to render a judgment in his favor, which, if it had been so rendered, would have been a conclusion of the issue. In the case at bar the court directed a verdict against a plea of res adjudicata. This left the plaintiff’s case still pending in the court for trial, and consequently was not a final judgment. If there had been a ver
Authorities in support of the proposition that the judgment of the lower court in directing a verdict against the defendant’s plea in this case is a mere interlocutory proceeding, not subject to direct review by this court, might be indefinitely multiplied. We have cited the Baldwin case because its language is peculiarly clear and apt, and because the opinion was delivered by Mr. Justice Lump-kin, who less than three months previously had delivered the opinion of this court in Lyndon’s case, supra, in response to questions certified by the Court of Appeals, of which the writer was at that time a member, and he gave the entire subject most exhaustive study and consideration, reviewing in Lyndon’s case all conflicting and contradictory decisions with reference to causes reviewable in this court by direct bill of exceptions. A variety of opinion had thrown the subject into confusion, which was cleared and dis
Among cases which will be found to support the ruling in the ■headnote are Johnson v. Merchants &c. Bank, 141 Ga. 721 (81 S. E. 873); City of Tallapoosa v. Brock, 143 Ga. 599 (85 S. E. 755), and cit.; W. & A. R. Co. v. Williams, 146 Ga. 27 (90 S. E. 478); Burkhalter v. Roach, 145 Ga. 834 (90 S. E. 52); Murphy v. Murphy, 147 Ga. 175 (93 S. E. 89).
Writ of error dismissed.