Johnson v. Battle
| Citation | 48 S.E. 128,120 Ga. 649 |
| Parties | JOHNSON v. BATTLE. |
| Decision Date | 13 July 1904 |
| Court | Supreme Court of Georgia |
WRIT OF ERROR—FINALITY OF DETERMINATION— ORDER STRIKING PLEA.
1. Except in the case of fast writs, this court has no jurisdiction to consider a writ of error until after a final judgment in the court below, or one which would have been final had it been rendered as claimed by the plaintiff in error. McGowan v. Lufburrow, 7 S. E. 314, 81 Ga. 358.
2. Unless there has been a final termination of the case in the court below, a writ of error will not lie to an order striking a plea, even though the effect of such order may be to entitle the plaintiff to a judgment or verdict as matter of course.
(Syllabus by the Court.)
Error from City Court of Moultrie; W. A.
Action between J. A. Johnson and J. J. Battle, administrator. From the judgment, said Johnson brings error. Dismissed.
J. A. Wilkes and T. H. Parker, for plaintiff in error.
LAMAR, J. Writ of error dismissed. AH the Justices concurring.
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