Opinion
19343.
ARGUED MAY 15, 1956.
DECIDED JUNE 11, 1956. REHEARING DENIED JULY 11, 1956.
Habeas corpus. Before Judge Thomas. Glynn Superior Court. February 25, 1956.
Nightingale Liles, B. N. Nightingale, for plaintiff in error.
William R. Killian, Colon J. Cogdell, contra.
The only judgment assigned as error in the instant case being one sustaining a plea to the jurisdiction and vacating and revoking a rule nisi and temporary restraining order previously granted, but not ordering a dismissal of the action, is not such a final judgment as will give this court jurisdiction of a writ of error complaining thereof. The writ of error, being premature, must be dismissed. Crider v. Harris, 181 Ga. 555 ( 182 S.E. 592); Harris v. Stowers, 192 Ga. 215 ( 15 S.E.2d 193); Waddell v. Groover, 207 Ga. 166 ( 60 S.E.2d 239); Harper v. Mayes, 209 Ga. 361 ( 72 S.E.2d 710); Smith v. Smith, 210 Ga. 355 ( 80 S.E.2d 160); Ross v. Mercer, 115 Ga. 353 ( 41 S.E. 594).
Writ of error dismissed. All the Justices concur. Duckworth, C.J., concurs specially.
ARGUED MAY 15, 1956 — DECIDED JUNE 11, 1956 — REHEARING DENIED JULY 11, 1956.
I concur solely because the innumerable decisions of this court compel me to do so. This case, however, demonstrates the fallacy of those decisions, and I regret that where, as here, it is obvious that a party who has suffered an adverse judgment under those decisions is compelled to endure that judgment unless he is willing to stultify himself by asking the trial judge to render a judgment against his client. I would, therefore, if the justices would agree, review and overrule every decision of this court that requires a dismissal here.