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209 Ga. 735

75 S.E.2d 801

Malcom v. Webb

Supreme Court of Georgia

Decided May 11, 1953

Supreme Court of Georgia · decided 1953-05-11

Relies on Biggs v. Silvey · Rabhan v. Rabhan · Gilbert v. Tippens, superintendent of banks

Good law ✅— No negative treatment on recordhow we know

Decided 1953-05-11

How this case has been cited

Cited by 16 later decisions — most recently June 2015

16 state decisions

901953196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Duckworth, Chief Justice.

¶1 1. A ruling on a general demurrer is reviewable at the option of the losing party by either a direct exception or by exception pendente lite. But by filing pendente lite exceptions the ruling is made a pendente lite judgment and can be reviewed only in a bill of exceptions complaining of the final judgment. Durrence v. Waters, 140 Ga. 762 (1) (79 S. E. 841); Gilbert v. Tippens, 183 Ga. 497 (188 S. E. 699); Rabhan v. Rabhan, 185 Ga. 355 (195 S. E. 193); Story v. City of Macon, 203 Ga. 105 (2) (45 S. E. 2d, 196).

¶2 2. Where, as here, the judgment on the general demurrer was excepted to pendente lite, the foregoing ruling requires a dismissal of the writ of error upon the ground that it is premature, since there is no exception to a final judgment terminating the case.

¶3 3. The assignments of error upon exceptions pendente lite to rulings on (a) the motion to strike the solicitor-general as a party, and (b) the plea of a former adjudication — if reviewable at all in an exception to a ruling on a demurrer, see Mechanics’ & Traders’ Bank of Rome v. Harrison, 68 Ga. 463—are for the foregoing reasons premature in this writ of error.

¶4 Writ of error dismissed.

All the Justices concur, except Atkinson, P. J., not participating.
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