Johnson v. Merchants' & Farmers' Bank

• Decision Date: 27 April 1914
• Docket Number: 321.
• Citation: 81 S.E. 873,141 Ga. 721
• Parties: JOHNSON v. MERCHANTS' & FARMERS' BANK.
• Court: Georgia Supreme Court

81 S.E. 873

141 Ga. 721

JOHNSON v. MERCHANTS' & FARMERS' BANK.

No. 321.

Supreme Court of Georgia

April 27, 1914

Syllabus by the Court.

Except in cases specially provided for by statute, this court has no jurisdiction to consider a writ of error until after final judgment in the court below. Accordingly, where a plea of res adjudicata was filed to a suit brought to recover the amount alleged to be due on a promissory note, and the plea was stricken on demurrer, and direct exceptions were taken to this court from the judgment striking the plea, the writ of error will be dismissed. Johnson v. Battle, 120 Ga. 649, 48 S.E. 128; McElroy v. State, 123 Ga. 546, 51 S.E. 596.

Error from Superior Court, Baldwin County; J. B. Park, Judge.

Action by the Merchants' & Farmers' Bank against K. M. Johnson. Judgment for plaintiff overruling a demurrer, and defendant brings error. Dismissed.

Hines & Vinson, of Milledgeville, for plaintiff in error.

Allen & Pottle, of Milledgeville, for defendant in error.

HILL, J.

Writ of error dismissed.

All the Justices concur.