Mutual Fertilizer Company v. Deloach

Parker, J.

This was a suit for damages, brought by C. E. DeLoach. against Mutual Eertilizer Company, in the city court of Claxton, Evans County. The petition alleged that the defendant was a corporation with an agent and place of business in Evans County. The defendant filed a special plea to the jurisdiction, denying that it had an office, agency or other place of business in that county, and alleging that it was a corporation chartered by the superior court of Chatham County, with its principal office in the latter county, that the superior court of Chatham County had jurisdiction, and that the court below had no jurisdiction over the person of the defendant or over the case. The issue formed on this plea was tried before a jury, which returned a verdict against the plea. Without filing a motion for a new trial, the defendant has prosecuted a writ of error, to this court specifying certain charges to the jury as erroneous. Held: The writ of error must be dismissed, on the motion of the defendant in error, because-the verdict and judgment rendered on the plea to the jurisdiction was not a final disposition of the case, and is not a final judgment from which a direct bill of exceptions will lie. Warren v. Blevins, 94 Ga. 215 (21 S. E. 459); Hall v. Roehr, 13 Ga. App. 472 (79 S. E. 379); Williams v. State, 60 Ga. App. 636 (4 S. E. 2d, 719); C. I. T. Corporation v. Smith, 68 Ga. App. 556 (23 S. E. 2d, 503), and citations. See also Wages v. Davison Chemical Corp., 71 Ga. App. 30 (29 S. E. 2d, 713), and citations therein. We do not pass on the question whether the writ of error is subject to dismissal for any other reason.

Writ of error dismissed.

Sutton, P. J., and Pellón. J., concur.