135 Ga. 738 | Ga. | 1911
(After stating the foregoing facts.)
The only matter passed on by this court was the correctness of the judgment overruling the demurrer of the excepting defendants.
We have found it necessary to actually decide the controlling point in the case on its merits, as a premise to the point actually up for decision, viz., that the writ of error is premature because no final judgment has been rendered. When the remitter was made the judgment of the court, it was in order for the petition to be dis