14 Ga. App. 536 | Ga. Ct. App. | 1914
1. Since the decision of the trial court upon the general demurrer to the petition would have been a final disposition of the case if it had been rendered as claimed by the plaintiff in error, the writ of error can not be'dismissed as prematurely brought. Civil Code, § 6138.
2. Proper exception in a bill of exceptions to a judgment overruling a general demurrer confers jurisdiction of the writ of error; and a bill of exceptions containing such an exception will not be dismissed merely because the brief or argument of counsel makes no reference to that exception.
4. The court did not err in refusing to sustain the general demurrer.
Judgment affirmed.