
    Ivey et al. v. City of Rome et al.
    
    Argued October 20,-
    Decided November 16, 1906..
    Practice in the Supreme Court.
    An election was held in Bast Borne, by virtue of an act of the General Assembly, to decide whether Bast Borne should be annexed to the City of Borne. Ivey and others filed a petition against the mayor and council of Borne to enjoin them from entering upon the minutes of the city council the reported result of the election, and from declaring by resolution or proclamation East Borne to^ be a part of the City of Borne. The petition was returnable to the January term, 1907, of the superior court of Floyd county. The judge refused a restraining order, but granted a rule nisi for a hearing on September 26, 1906. On that day the court dismissed the petition, on the ground that the court was without jurisdiction of the subject-matter of the petition. To the order of dismissal the petitioners sued out a bill of exceptions, assigning as error the refusal of the court to grant a restraining order when the petition was presented, and the dismissal of the petition before the return term of the case. The case was docketed in the Supreme Court as a “fast” writ of error, at the instance of the complaining parties.
    
      Henry Walker, for plaintiffs.
    
      John W. <& G. E. Maddox,.for defendants.
   ¡Evans, J.

1. The refusal of a judge to grant an ad interim restraining order in advance of the time set for a hearing of an application for a temporary injunction is not reviewable. Hollinshead v. Lincolnton, 84 Ga. 590; Mayor of Savannah v. Grayson, 104 Ga. 108; Smith v. Willis, 107 Ga. 793.

2. A decree at chambers dismissing a petition on motion can not be reviewed by a “fast” writ of error. Jordan v. Kelly, 63 Ga. 437.

3. If a bill of exceptions, properly sued out to the Supreme Court to review a final judgment, be docketed as a “fast” writ of error, when in fact it is not such, the case will not be dismissed, but will be transferred to the docket of the next term. Jones v. Warnock, 67 Ga. 484; Bacon v. Jones, 116 Ga. 136, 140. Ordered accordingly.

All the Justices concur.  