Opinion · Court of Appeals of Georgia
Berrien County Bank v. Brown
15 Ga. App. 56
- Type
- Opinion
- Court
- Court of Appeals of Georgia
- Jurisdiction
- Georgia
- Date
- 1914-08-22
- Topic
- bankruptcy
Russell, C. J. A ruling upon the sufficiency of a defendant’s answer is not such a final adjudication as is reviewable by writ of error; for the reason that the court must, after its ruling upon a demurrer addressed to the answer, and independently of the answer, proceed to a final judgment of some kind upon the petition. For this reason the ruling upon a demurrer to the answer does not come within the exception stated in section 6138 of the Civil Code, which allows a cause to he brought up on a bill of exceptions when the decision complained of would have been a final disposition of the cause if judgment had been rendered as *57the plaintiff in error claimed it ought to have been. And since the ruling complained of in this case is merely interlocutory, the writ of error must be dismissed.
Citator
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- Cited by
- 2 opinions
A ruling upon the sufficiency of a defendant’s answer is not such a final adjudication as is reviewable by writ of error; for the reason that the court must, after its ruling upon a demurrer addressed to the answer, and independently of the answer, proceed to a final judgment of some kind upon the petition. For this reason the ruling upon a demurrer to the answer does not come within the exception stated in section 6138 of the Civil Code, which allows a cause to he brought up on a bill of exceptions when the decision complained of would have been a final disposition of the cause if judgment had been rendered as