Parrish v. Lifsey

Full title: PARRISH v. LIFSEY

Court: Court of Appeals of Georgia

Date published: Apr 14, 1960

114 S.E.2d 435 (Ga. Ct. App. 1960)

114 S.E.2d 435

Opinion

38279.

DECIDED APRIL 14, 1960. REHEARING DENIED MAY 2, 1960.

Appellate procedure. Augusta Municipal Court. Before Judge Cooper. February 12, 1960.

W. T. Mobley, for plaintiff in error.

Bell Bell, John C. Bell, contra.

TOWNSEND, Judge.

The only exception in this writ of error is to the order of the court striking the defendant's special plea of failure of consideration on motion in the nature of a general demurrer. An order striking the defendant's plea or answer is not such a final judgment as may be the foundation of a writ of error. Chandler v. Southern Union Conference of Seventh Day Adventists, 95 Ga. App. 66 ( 96 S.E.2d 621). This is true although the effect of striking such plea is to leave the suit in default as against the defendant, since although a default judgment is final in nature, a judgment merely adjudging the case in default is not. Love v. National Liberty Ins. Co., 157 Ga. 259, 262 ( 121 S.E. 648).

It follows that, there being no assignment of error on a final judgment, the writ of error must be

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

DECIDED APRIL 14, 1960 — REHEARING DENIED MAY 2, 1960.