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Whitlock Equipment Co., Inc. v. Kirby

Court of Appeals of Georgia
Jan 22, 1957
96 S.E.2d 513 (Ga. Ct. App. 1957)

Opinion

36500.

DECIDED JANUARY 22, 1957.

Appellate procedure. Before Judge Henson. Fulton Civil Court. October 18, 1956.

Hurt, Gaines, Baird, Peek Peabody, for plaintiff in error.

Fraser Shelfer, contra.


The only assignments of error in this bill of exceptions are to the order of the trial court overruling the plaintiff's demurrer to the defendant's cross-action and sustaining the defendant's oral motion to strike the plaintiff's plea of the statute of limitations directed to the cross-action. Such assignments of error are not reviewable by direct writ of error before final disposition of the case in the trial court. Byrd v. Equitable Life Assurance Society, 184 Ga. 178 ( 190 S.E. 584); Price v. Stewart, 209 Ga. 339 ( 72 S.E.2d 459); Knights of the Ku Klux Klan v. Terrell, 155 Ga. 374 ( 116 S.E. 793). Accordingly, the writ of error must be

Dismissed. Gardner, P. J., and Carlisle, J., concur.

DECIDED JANUARY 22, 1957.


Summaries of

Whitlock Equipment Co., Inc. v. Kirby

Court of Appeals of Georgia
Jan 22, 1957
96 S.E.2d 513 (Ga. Ct. App. 1957)
Case details for

Whitlock Equipment Co., Inc. v. Kirby

Case Details

Full title:WHITLOCK EQUIPMENT CO., INC. v. KIRBY

Court:Court of Appeals of Georgia

Date published: Jan 22, 1957

Citations

96 S.E.2d 513 (Ga. Ct. App. 1957)
96 S.E.2d 513