Raynor v. Zachary

Full title: RAYNOR v. ZACHARY, Receiver

Court: Court of Appeals of Georgia

Date published: Jan 10, 1968

159 S.E.2d 452 (Ga. Ct. App. 1968)

159 S.E.2d 452

Opinion

43256.

SUBMITTED JANUARY 3, 1968.

DECIDED JANUARY 10, 1968.

Appellate procedure. DeKalb Superior Court. Before Judge Hubert.

J. E. B. Stewart, for appellant.

W. E. Zachary, for appellee.

EBERHARDT, Judge.

The sustaining of a general demurrer to the defendant's answer or to his special plea of failure of consideration is not a final judgment. Dove v. Maxwell, 184 Ga. 460 ( 191 S.E. 916); Hood v. Akins, 114 Ga. App. 733 ( 152 S.E.2d 704); Parish v. Ga. R. Bank c. Co., 115 Ga. App. 540 ( 154 S.E.2d 750); Johnson v. Battle, 120 Ga. 649 (2) ( 48 SE 128). Accordingly, since no final judgment is appealed from, the appeal must be

Dismissed. Felton, C. J., and Whitman, J., concur.

SUBMITTED JANUARY 3, 1968 — DECIDED JANUARY 10, 1968.