Georgia Court of Appeals, 1925

Clay v. Dinkler

Clay v. Dinkler
Georgia Court of Appeals · Decided May 19, 1925 · Bell
34 Ga. App. 119; 128 S.E. 219; 1925 Ga. App. LEXIS 56

Clay v. Dinkler

Opinion of the Court

Bell, J.

A judgment refusing a motion to set aside a judgment opening a default and allowing the defendant to plead is not a final judgment. It appears from the record that the ease is still pending • in the court below, and has never been tried. The bill of exceptions, not assigning error upon a final judgment, is prematurely brought, and this court is without jurisdiction to entertain it. Bell v. Stewart, 116 Ga. 714 (43 S. E. 70) ; Farmers & Merchants Bank v. Pirkle, 9 Ga. App. 583 (1) (71 S. E. 940) ; Williams v. Chambers, 31 Ga. App. 807 (122 S. E. 97).

Writ of error dismissed.

Jenkins, P. J., and Stephens, J., concur.

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