Hall v. C.J. Roehr & Co.

• Decision Date: 23 September 1913
• Docket Number: 4,806.
• Citation: 79 S.E. 379,13 Ga.App. 472
• Parties: HALL v. C. J. ROEHR & CO.
• Court: Georgia Court of Appeals

79 S.E. 379

13 Ga.App. 472

HALL v. C. J. ROEHR & CO.

No. 4,806.

Court of Appeals of Georgia

September 23, 1913

Syllabus by the Court.

"Where the only questions presented for review by this court arise upon rulings by the court below on the trial of the issue raised by special plea to the jurisdiction, which was not sustained by the verdict thereon returned, and it appears that neither a reversal of any one or more of such rulings nor a setting aside of such verdict would operate to terminate the main case, but would leave the same still pending, the writ of error is premature, and must be dismissed." Ross v. Mercer, 115 Ga. 353, 41 S.E. 594. See, also, State Mutual Ass'n v. Kemp, 115 Ga. 355, 41 S.E. 652; Warren v. Blevins, 94 Ga. 215, 21 S.E. 459.

Error from City Court of Bainbridge; H. B. Spooner, Judge.

Action by C.J. Roehr & Co. against C. O. Hall. The court made certain rulings on the trial of a special plea, which was not sustained by the verdict returned, and defendant brings error. Writ of error dismissed.

R. G. Hartsfield, of Bainbridge, for plaintiff in error.

J. C. Hale, of Bainbridge, for defendant in error.

RUSSELL, J.

Writ of error dismissed.