There it was held that a case should not go to trial, even in the absence of the defendant, without a ruling on demurrers unless the demurrers were not meritorious. See also Morgan v. Western Auto Co., 102 Ga. App. 648, 652 (4) ( 117 S.E.2d 253) and citations. There is an intimation that the court did rule orally on the demurrers but no order appears of record. Unless an order appears on the demurrers, whether entered originally or nunc pro tunc, it must be assumed that none has been entered.

Wills v. Manning, 195 Ga. 336 (2) ( 24 S.E.2d 194). Contrary to the contention of the plaintiff, the allegations that the order of May 28, 1965, had been entered by the court at chambers in another county in the circuit would not show that the current May term of Pierce Superior Court had been adjourned prior to that date. Adams v. Seay, 62 Ga. App. 589 (1) ( 9 S.E.2d 117); Morgan v. Western Auto Supply Co., 102 Ga. App. 648 (2), 651 ( 117 S.E.2d 253). Judgment affirmed. Bell, P. J., and Eberhardt, J., concur.

"Motions based on defects appearing on the face of the record are properly denominated motions in arrest or to set aside judgments, while motions based on matters not appearing on the face of the record are in effect motions for new trial and are subject to all the rules of law governing these motions." Morgan v. Western Auto Supply Co., 102 Ga. App. 648, 650 ( 117 S.E.2d 253); Carolina Tree Service v. Cartledge, 96 Ga. App. 240 ( 99 S.E.2d 703). Under Code § 70-208 the court is vested with a sound legal discretion in granting a new trial on grounds not specifically provided for by law. Was the refusal of the trial judge to grant a new trial an abuse of his discretion? Counsel for the defendants was misled by the letter of plaintiff's counsel to the effect that it was the motion to dismiss, not a trial on the merits, which would be heard on October 9. The failure to hear the motion could not hurt the defendants: if the motion were heard and overruled they were in the same condition, and if heard and sustained they would have been in worse.

The petition stands dismissed. 4. The old civil procedure requires that in all cases demurrers, pleas and answers shall be disposed of in the order named, and it appears that demurrers have not been disposed of. See Code Ann. § 81-1002; Fireman's Ins. Co. v. Oliver, 53 Ga. App. 638 ( 186 S.E. 706); Anderson v. Fulton County Home Builders, 147 Ga. 104 ( 92 S.E. 934); Southern R. Co. v. Town of Temple, 209 Ga. 722 ( 75 S.E.2d 554); Perry v. Maryland Cas. Co., 102 Ga. App. 475, supra; Morgan v. Western Auto Supply Co., 102 Ga. App. 648, 652 ( 117 S.E.2d 253). But the new procedure was in effect on November 17, 1967, when the verdict and judgment was taken. The effective date of the new Georgia Civil Practice Act was September 1, 1967, to govern all proceedings "in actions brought after it takes effect and also further proceedings and actions then pending except to the extent that in the opinion of the court its application in a particular action pending when this Act takes effect would not be feasible or would work injustice, in which event the former procedure applies."