Knopp v. Knopp

Full title: KNOPP, Executor, et al. v. KNOPP et al

Court: Supreme Court of Georgia

Date published: Jul 7, 1966

149 S.E.2d 680 (Ga. 1966)

149 S.E.2d 680

Opinion

23542.

SUBMITTED JUNE 14, 1966.

DECIDED JULY 7, 1966. REHEARING DENIED JULY 21, 1966.

Equitable petition. Troup Superior Court. Before Judge Knight.

Wyatt Wyatt, L. M. Wyatt, for appellants.

Wilson P. Darden, for appellees.

COOK, Justice.

The appeal in the present case is from a judgment overruling demurrers and motions filed by the appellant to the motions of the appellees to open a default. A final ruling has not been made on the petition of the appellees to open the default. Held:

The judgment complained of, if it had been rendered as claimed for by the appellant, would not have been a final disposition of the cause. Ga. L. 1965, p. 18 ( Code Ann. § 6-701); Ryles v. Moore, 191 Ga. 661 ( 13 S.E.2d 672); Harry v. Scenic Heights Development Corp., 218 Ga. 352 ( 127 S.E.2d 898). The appeal is prematurely brought, and this court is without jurisdiction to consider it.

Appeal dismissed. All the Justices concur.

SUBMITTED JUNE 14, 1966 — DECIDED JULY 7, 1966 — REHEARING DENIED JULY 21, 1966.