Georgia Court of Appeals, 1925

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

Cases that cite this one

4 later published cases cite this decision.

AMERICAN STOVE COMPANY v. Belcher (Ga. Ct. App. 1952)
Ryles v. Moore (Ga. 1941)
Columbus Heating & Ventilating Co. v. Upchurch (Ga. Ct. App. 1932)
Frye v. Continental Life Insurance (Ga. Ct. App. 1931)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.