Summary
In Denmark v. Denmark, 83 Ga. App. 532 (64 S.E.2d 201) this court said: "Where a demurrer to a motion to open a default is overruled, a direct bill of exceptions to the overruling of such demurrer, which does not assign error on a final judgment, is prematurely brought, and this court is without jurisdiction to entertain it. Ryles v. Moore, 191 Ga. 661 (13 S.E.2d 672), and cases cited."
Summary of this case from Hope v. HudginsOpinion
33425.
DECIDED MARCH 15, 1951.
Complaint; from Toombs Superior Court — Judge Humphrey. November 21, 1950.
T. Ross Sharpe, for plaintiff in error.
J. Ellis Pope, Steve M. Hall, Jackson Graham, contra.
Where a demurrer to a motion to open a default is overruled, a direct bill of exceptions to the overruling of such demurrer, which does not assign error on a final judgment, is prematurely brought, and this court is without jurisdiction to entertain it. Ryles v. Moore, 191 Ga. 661 ( 13 S.E.2d 672), and cases cited.
Writ of error dismissed. Sutton, C. J., and Worrill, J., concur.