WEBB v. SMITH

36747.

96 Ga. App. 68 (1957)

99 S.E.2d 527

WEBB et al. v. SMITH et al.

Court of Appeals of Georgia.

Decided June 13, 1957.


Attorney(s) appearing for the Case

Moreton Rolleston, Jr., for plaintiffs in error.

Hurt, Gaines, Baird, Peek & Peabody, contra.


GARDNER, P. J.

Counsel for the defendants in error moved to dismiss the writ of error in this case on the ground that the bill of exceptions was prematurely brought by the plaintiffs in error under the provisions of Code § 6-701 (1955 Supp.) which reads in part as follows: "No cause shall be carried to the Supreme Court or Court of Appeals upon any bill of exceptions while the same is pending in the court below, unless the decision or judgment complained of,...

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