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ROSS v. GRIFFIN

18300.

210 Ga. 22 (1953)

77 S.E.2d 523

ROSS v. GRIFFIN et al.

Supreme Court of Georgia.

Decided September 14, 1953.

Attorney(s) appearing for the Case

Erle M. Donalson, for plaintiff in error.

Conger & Conger, J. Willis Conger, contra.

DUCKWORTH, Chief Justice.

1. Where, as here, a motion for new trial is pending in the lower court and remains undisposed of, plaintiff in error is precluded from coming to this court upon a bill of exceptions based on the final decree, as there can be no final judgment so long as a valid motion for new trial is pending, and, for this reason, the writ of error must be dismissed as premature. Code (Ann. Supp.), § 6-701 (Ga. L. 1946, pp. 726, 730); Darden

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