Mendenhall v. Stovall

While agreeing to the ruling in division 2 of the decision, which deals with the substantive law involved, I dissent, because of my conviction that the order excepted to is not such a final judgment as can be made the basis of a direct bill of exceptions; and accordingly the writ of error should be dismissed. See especially Ross v. Byrd, 65 Ga. 41, and Marks v. Hertz, 65 Ga. 119, cited in the opinion of the majority. It appears to me that this is an instance where "hard cases make bad law."