210 Ga. 165 | Ga. | 1953
An equitable suit was brought by. Frank S. Uhl against Thomas H. Walker and several others. The petition prayed for a money judgment against the defendants and for other relief. After the filing of such suit and on April 30, 1953, Walker died testate and the First
The judgment complained of is not a final disposition of the cause, nor final as to any material party thereto; it is one purely interlocutory in nature. Therefore, the writ of error was prematurely brought. Code § 6-701. This court has no jurisdiction to pass upon the assignment of error on the refusal to make the executor of Walker’s estate a party defendant to the cause, it not appearing that there has been a final judgment in the original cause, nor a final disposition of the cause as to the defendant Walker. Ross v. Mercer, 115 Ga. 353 (41 S. E. 594); Ray v. Anderson, 117 Ga. 136. (43 S. E. 408); Smith v. Estes, 128 Ga. 368 (57 S. E. 685); Wikle v. Jones, 131 Ga. 37 (61 S. E. 1124); Walker v. Walker, 147 Ga. 614 (95 S. E. 10); Johnson v. Holmes, 150 Ga. 195 (103 S. E. 157); Jackson v. Fite, 165 Ga. 382 (140 S. E. 754). Compare Wellborn v. Jones, 156 Ga. 34 (118 S. E. 654).
Writ of error dismissed.