Georgia Court of Appeals, 1941

Hattaway v. Butler Brothers Inc.

Hattaway v. Butler Brothers Inc.
Georgia Court of Appeals · Decided October 22, 1941 · Bboyles, MacIntyre, Gardner
17 S.E.2d 87; 66 Ga. App. 102; 1941 Ga. App. LEXIS 131 (South Eastern Reporter, Second Series)

Hattaway v. Butler Brothers Inc.

Opinion of the Court

Bboyles, C. J.

The sole assignment of error in the bill of exceptions is based upon the judgment of the court striking the defendant’s answer on demurrer. Under repeated decisions of the Supreme Court and of this court such a judgment is not a final judgment, and' the case is still pending in the trial court. Therefore the motion to dismiss the bill of exceptions as prematurely brought is sustained.

Writ of error dismissed.

MacIntyre and Gardner, JJ., concur.

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