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Hattaway v. Butler Brothers Inc.

Court of Appeals of Georgia
Oct 22, 1941
17 S.E.2d 87 (Ga. Ct. App. 1941)

Opinion

29149.

DECIDED OCTOBER 22, 1941.

Complaint; from Wheeler superior court — Judge Graham. April 15, 1941.

H. W. Nalley, G. L. Hattaway, for plaintiff in error.

W. B. Smith, Hal M. Smith, contra.


The sole assignment of error in the bill of exceptions is based upon the judgment of the court striking the defendant's answer on demurrer. Under repeated decisions of the Supreme Court and of this court such a judgment is not a final judgment, and the case is still pending in the trial court. Therefore the motion to dismiss the bill of exceptions as prematurely brought is sustained.

Writ of error dismissed. MacIntyre and Gardner, JJ., concur.

DECIDED OCTOBER 22, 1941.


Summaries of

Hattaway v. Butler Brothers Inc.

Court of Appeals of Georgia
Oct 22, 1941
17 S.E.2d 87 (Ga. Ct. App. 1941)
Case details for

Hattaway v. Butler Brothers Inc.

Case Details

Full title:HATTAWAY v. BUTLER BROTHERS INC

Court:Court of Appeals of Georgia

Date published: Oct 22, 1941

Citations

17 S.E.2d 87 (Ga. Ct. App. 1941)
17 S.E.2d 87