Columbus Bank Trust Company v. Fryer Chevrolet

Full title: COLUMBUS BANK TRUST COMPANY v. FRYER CHEVROLET, INC. et al

Court: Court of Appeals of Georgia

Date published: Oct 15, 1965

145 S.E.2d 622 (Ga. Ct. App. 1965)

145 S.E.2d 622

Opinion

41554.

SUBMITTED OCTOBER 6, 1965.

DECIDED OCTOBER 15, 1965.

Appellate procedure. Meriwether Superior Court. Before Judge Knight.

Swift, Pease, Davidson Chapman, W. M. Page, for plaintiff in error.

George C. Kennedy, H. Briscoe Black, contra.

HALL, Judge.

Where a petition is brought in three counts and general demurrers are sustained as to counts 2 and 3, the "cause" is still pending in the court below and exceptions to the sustaining of these demurrers are premature. McFarland v. Lumpkin, 108 Ga. App. 370 ( 133 S.E. 117).

Writ of error dismissed. Bell, P. J., and Frankum, J., concur.

SUBMITTED OCTOBER 6, 1965 — DECIDED OCTOBER 15, 1965.