54 Ga. App. 388 | Ga. Ct. App. | 1936
King, an employee of the Western Union Telegraph Company, while riding a motorcycle of his employer, received an injury disabling him. He filed a claim for compensation with the Department of Lidustrial Relations, and from an award find
1. This court has no jurisdiction of the subject-matter of a bill of exceptions where the sole assignment of error is to a pendente lite ruling; that is, unless there is a final judgment in a case, or a judgment that would have been final if rendered as contended for by the plaintiff in error, and an exception thereto in the bill of exceptions, this court will not entertain a bill of exceptions assigning error on a pendente lite ruling, order, or judgment. Code, § 6-701; Willis v. Daniel, 39 Ga. App. 670 (148 S. E. 301); Jackson v. Yancey Tractor Co., 47 Ga. App. 271 (3) (170 S. E. 320). Except where otherwise specifically provided by statute, the rules of practice and procedure governing appeals and writs of error in compensation cases passed on by the Department of Industrial Relations, and reviewed on appeal by the superior court, and brought by writ of error to this court, are the same as the rules of procedure and practice now prevailing in this State as to direct writs of error. Code, § 114-710; 71 C. J. 1221.
2. While a party may appeal to the superior court from a final award of the Department of Industrial Relations, and may except directly to this court to a judgment affirming the award or reversing the finding of the department on the grounds specified in the statute cited below and entering a final judgment thereon, yet a judgment of the superior court ruling that the commission
3. Applying the foregoing ruling, the writ of error must be dismissed; but direction is given, that the’ official copy of the bill of exceptions of file in the clerk’s office of the superior court operate as exceptions pendente lite in the case. See Daniel v. Chastain, 48 Ga. App. 799 (173 S. E. 864); Jackson v. Taney Tractor Co., supra.
Writ of error dismissed with direction.
I am of the opinion that the judgment excepted to is a final judgment. I therefore dissent from the dismissal of the writ of error.