Crider v. Harris

• Decision Date: 16 October 1935
• Docket Number: 10886.
• Citation: 182 S.E. 592,181 Ga. 555
• Parties: CRIDER v. HARRIS et al.
• Court: Georgia Supreme Court

182 S.E. 592

181 Ga. 555

CRIDER v. HARRIS et al.

No. 10886.

Supreme Court of Georgia

October 16, 1935

Rehearing Denied Nov. 15, 1935.

Syllabus by Editorial Staff.

Direction of verdict in favor of plea of res judicata held not "final judgment" authorizing direct bill of exceptions (Code 1933, § 6-701).

Error from Superior Court, Pickens County; J. H. Hawkins, Judge.

Suit by Mandana Crider and others against Skid Harris, administrator, and others. To review the judgment, plaintiffs bring error.

Writ of error dismissed.

J. H. Paschall, of Calhoun, for plaintiffs in error.

Roscoe Pickett, of Jasper, for defendant in error.

Syllabus OPINION.

HUTCHESON, Justice.

The bill of exceptions complains only of the direction of a verdict in favor of a plea of res adjudicata. This was not such a final judgment as will support a direct bill of exceptions as contemplated in Code 1933, § 6-701. English v. Rosenkrantz, 150 Ga. 745, 105 S.E. 292.

Writ of error dismissed.

All the Justices concur, except RUSSELL, C.J., absent because of illness.

On motion for rehearing.

Leave is granted the plaintiff in error to treat the official copy of the bill of exceptions filed in the court below as exceptions pendente lite. Johnson v. Henry & Company, 178 Ga. 542, 174 S.E. 140.

"Rehearing denied. All the Justices concur."