155 Ga. 374 | Ga. | 1923
A decision had been reached and an opinion prepared in this case, when, upon consultation by the court as a whole, it was suggested that perhaps this court was without jurisdiction to deal with the writ of error sub judiee. Upon further examination and consideration it is clear that this is true, and that for want of jurisdiction on the part of this court the writ of error must be dismissed.
Since, as appears from a statement of the foregoing facts, the cause is still pending in the lower court, it becomes necessary to inquire whether there is anything in the record which will take it
If the judgment of the court below had been rendered as claimed by the plaintiffs in error, would there have been a final disposition of the ease? The court’ sustained the demurrer, and the petition still remains in court. If the court had overruled the demurrer, the defendant’s answer as well as the petition would both be pending in court; so it is plain that this case does not fall in that class of cases where a contrary ruling would have effected a final disposition of the cause. It is true that the answer has been stricken, and it is true that exception to that ruling might have been preserved by exceptions pendente lite upon the terms of the code section just above quoted; but neither the ruling made nor a ruling contrary to that made in the lower court entitles the plaintiffs in error to a writ of review until the
Dismissed.