113 S.W.2d 1195 | Tenn. | 1938
The Department of Highways and Public Works has filed a motion to dismiss the appeal because the judgment of the trial court is interlocutory, from which no appeal lies. This motion is sustained and the appeal dismissed. Counsel have misconceived the holding of this court in Bozeman v. Naff,
In the instant case the judgment appealed from does not dispose of the whole merits of the case, so far as the plaintiff in error is concerned, since the merits are still undetermined as to Shelby County; while in Bozeman v. Naff, supra, the judgment did dispose of the whole merits of the case with regard to the appellants. The distinction is obvious. *699