Opinion
39743.
DECIDED SEPTEMBER 18, 1962.
Appellate procedure. Barrow Superior Court. Before Judge Russell.
James W. Paris, for plaintiff in error.
J. Penn McWhorter, contra.
The sole assignment of error complains that the trial court erred in refusing to open the default and allow the defendant to file an answer to the plaintiff's petition. Held:
A direct bill of exceptions will not lie to a judgment denying a motion to open a default. Code Ann. § 6-701; Mills v. Sauls, 90 Ga. App. 257 ( 82 S.E.2d 716); Commercial Nat. Bank of Cedartown v. Chapman, 209 Ga. 152 ( 71 S.E.2d 425), and citations. This court is without jurisdiction of the writ of error and the same must be
Dismissed. Frankum and Jordan, JJ., concur.