City of Tallapoosa v. Brock

• Decision Date: 25 June 1915
• Docket Number: 410.
• Citation: 85 S.E. 755,143 Ga. 599
• Parties: CITY OF TALLAPOOSA v. BROCK.
• Court: Georgia Supreme Court

85 S.E. 755

143 Ga. 599

CITY OF TALLAPOOSA v. BROCK.

No. 410.

Supreme Court of Georgia

June 25, 1915

Syllabus by the Court.

"Save as to cases specially provided for by law [such as exception to the grant * * * 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." Baldwin v. Lowe, 129 Ga. 711, 59 S.E. 772; Civ. Code 1910, § 6138.

Where to a suit for damages the defendant filed several pleas in bar and abatement, only two of which--one of res judicata, and one based upon the ground that the present action was a renewal of one that had been withdrawn by plaintiff without having paid the costs or making a pauper affidavit of her inability so to do (Civ. Code 1910, § 5625)--were passed upon by the trial judge, to whom, by agreement, the issues thus raised were submitted without the intervention of a jury, who found against the pleas, such judgment is not a final judgment that can be reviewed by direct bill of exceptions to this court. Johnson v. Battle, 120 Ga. 649, 48 S.E. 128; Baldwin v. Lowe, supra; Johnson v. Merchants' & Farmers' Bank, 141 Ga. 721, 81 S.E. 873.

Error from Superior Court, Haralson County; Price Edwards, Judge.

Action by Jennette Brock against the City of Tallapoosa. Judgment against defendant on its plea in bar and abatement, and defendant brings error. Writ of error dismissed.

Lloyd Thomas and M. J. Head, both of Tallapoosa, for plaintiff in error.

HILL, J.

Writ of error dismissed.

All the Justices concur.