5 S.E.2d 582 | Ga. | 1939
1. A judgment sustaining a plea of res judicata to a suit, but not ordering dismissal of the action, is not "final," within the meaning of the Code, § 6-701. English v. Rosenkrantz,
2. The only defense filed to a suit on notes was a plea of res judicata. The court, after introduction of evidence, directed a verdict as follows: "We, the jury, find for the defendant in favor of the plea of res adjudicata." The only judgment rendered was as follows: "This case coming on for hearing on the plea of res adjudicata filed by the defendant, and the jury having found in favor of the plea, judgment is hereby rendered in favor of the defendant on said plea, and against the plaintiff for cost of court." The exception by the plaintiff to the direction of the verdict is not an exception to a final judgment.
3. Applying the principle announced in the preceding division, the writ of error is subject to dismissal on the ground that the bill of exceptions does not contain an exception to a final judgment or an exception to a judgment which would have been final if rendered as contended for.
(a) The rulings in Scarborough v. Holder,
(b) The decision in Newsome v. Smith,
Questions answered accordingly. All the Justices concur.