52 S.E.2d 467 | Ga. | 1949
Where demurrers are sustained as to one or more defendants in a joint cause of action, but the cause is left pending in the court below as to one or more of the defendants, the order sustaining the demurrers as to a part of the defendants can not be reviewed in the Supreme Court while the cause is still pending in the court below as to the other defendants. Code, § 6-701.
The first count of the petition alleged facts and the prayers of this count sought relief against one or more of the defendants that would not have been applicable to the defendants as a whole, although the basis for the facts alleged and relief sought was the same cause of action alleged against all the defendants. Ascertainment of the nature of the action (whether joint or several) was, therefore, in some degree not entirely without doubt. The motion of counsel for the plaintiff in error to treat the bill of exceptions as exceptions pendente lite is granted, and it is so ordered. See Hitchcock v. Hamilton,
Writ of error dismissed, with direction. All the Justicesconcur.