From Casetext: Smarter Legal Research

Rushin v. Winecoff

Court of Appeals of Georgia
Oct 4, 1956
94 S.E.2d 755 (Ga. Ct. App. 1956)

Opinion

36372, 36381.

DECIDED OCTOBER 4, 1956.

Appellate procedure. Before Judge Pye. Fulton Superior Court. June 30, 1956.

Saul Blau, for plaintiffs in error.

W. Neal Baird, Hurt, Gaines Baird, Peek Peabody, contra.


Where a trial judge vacates his order overruling general and special demurrers to a petition, there has been no final judgment in the case and the filing of a bill of exceptions to this court is premature. Code § 6-701; Lankford v. Dockery, 84 Ga. App. 640 ( 66 S.E.2d 840); Foster v. Sumner, 88 Ga. App. 5 ( 75 S.E.2d 838). The present bills of exceptions fall within this ruling and hence are dismissed.

Writs of error dismissed. Felton, C. J., and Nichols, J., concur.

DECIDED OCTOBER 4, 1956.


Summaries of

Rushin v. Winecoff

Court of Appeals of Georgia
Oct 4, 1956
94 S.E.2d 755 (Ga. Ct. App. 1956)
Case details for

Rushin v. Winecoff

Case Details

Full title:RUSHIN v. WINECOFF et al. PARKS v. WINECOFF et al

Court:Court of Appeals of Georgia

Date published: Oct 4, 1956

Citations

94 S.E.2d 755 (Ga. Ct. App. 1956)
94 S.E.2d 755