120 Ga. 540 | Ga. | 1904
The judge appointed a receiver for the property of a corporation, and authorized the receiver to sell the property either
The question then arises, shall the case be transferred to the next term of the court ? The case is still pending in the court below, no final decree having been entered; and therefore, treating the bill of exceptions as an ordinary bill of exceptions, it is prematurely sued out, and if transferred to the docket of the next term, would be dismissed upon the call of the case. The original record in the clerk’s office in Kreitzer v. Crovatt, 94 Ga. 694, relied on by the plaintiffs in error, shows that there was a final decree in that case; and hence the writ of error was properly maintained. If the plaintiffs in .error, however, insist upon their motion to transfer, it must be granted, even though the writ of error will be dismissed on the call of the case at the next term. See Smith v. Willis, 105 Ga. 840 (2); Gordon v. Gordon, 109 Ga. 262. This was done in Stubbs v. McConnell, 119 Ga. 21. Anticipating that the writ, of error would be dismissed at the next term, in the event the conclusion was reached that it was prematurely sued out, the plaintiffs in error have asked leave, in that event, to withdraw the bill of exceptions and file it as exceptions pendente lite in the trial court. An application of this kind is addressed to the discretion of the court. In some cases it has been granted, and in some refused. Where it is manifest that a grave injustice may be done by refusing to allow the exceptions to be treated as exceptions