Baldwin v. Lowe
| Decision Date | 21 December 1907 |
| Citation | 59 S.E. 772,129 Ga. 711 |
| Parties | BALDWIN v. LOWE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Save as to cases specially provided by law (such as exception to the grant or refusal of an injunction, or the appointment of or refusal to appoint a receiver), no case can be brought to this court by bill of exceptions, so long as the same is pending in the court below, unless the decision complained of would have been a final disposition of the case, had it been rendered as the excepting party claims that it should have been. Civ. Code 1895, § 5526.
[Ed. Note.-For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 329-343.]
Striking an imperfect plea to the jurisdiction filed by the sole defendant, and rejecting an amendment thereto, is not a final judgment, and does not dispose of the case, nor would it have done so had the amendment been allowed and the motion to strike been overruled.
[Ed. Note.-For cases in point, see Cent. Dig. vol. 2, Appeal and Error, § 370.]
Where exception was taken to such a ruling, and it appears from the bill of exceptions that, after the plea to the jurisdiction had been stricken, the case was continued in order to allow the decision to be brought to this court for review, this was an interlocutory ruling, leaving the case still pending; and the writ of error will be dismissed.
[Ed. Note.-For cases in point, see Cent. Dig. vol. 2, Appeal and Error, § 370.]
Parties cannot confer jurisdiction on this court by agreement to review such an interlocutory ruling while the case remains pending in the trial court; nor does it matter that the bill of exceptions recites that it was "considered" by counsel that, under the facts of the case, if the plea to the jurisdiction should be allowed, it would be a final disposition of the case. Such would not have been the legal result.
[Ed. Note.-For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 88, 370.]
Error from Superior Court, Chattahoochee County; W. A. Little, Judge.
Action between A. W. Baldwin and J. G. Lowe. From a judgment in favor of the latter, the former brings error. Writ dismissed.
H. C. Cameron and H. V. Hargett, for plaintiff in error.
C. C. Minter, for defendant in error.
Writ of error dismissed. All the Justices concur, except HOLDEN, J., not presiding.
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