167 Ga. 708 | Ga. | 1929
Mrs. J. E. Irby filed suit for temporary and permanent alimony. Upon the hearing of the application for temporary alimony the judge of the superior court awarded a stated sum as temporary alimony. The defendant made certain payments as ordered, and failed to make other payments as they fell due. The wife filed contempt proceedings against the husband, for fail
The ground of the motion to dismiss the bill of exceptions based upon the want of jurisdiction in this court to entertain the same is sustained. Manifestly, the judgment excepted to is not a final judgment; it is not a final disposition of the cause, nor final as to any material party thereto. “No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in the court below, unless the decision or judgment complained of, if it had been rendered as claimed by the plaintiff in error, would have been a final disposition of the cause, or final as to some material party thereto.” Civil Code, § 6138. In the case of Carhart v. Mackle, 22 Ga. App. 520, 522 (96 S. E. 591), it was said: “We think the word ‘ cause,5 as used in this statute, refers to the entire case, the entire suit or litigation, and the entire question being litigated under the petition; and as long as any portion