Stuart v. Arthur Construction Company

Full title: STUART et al. v. ARTHUR CONSTRUCTION COMPANY et al

Court: Court of Appeals of Georgia

Date published: May 22, 1958

104 S.E.2d 233 (Ga. Ct. App. 1958)

104 S.E.2d 233

Opinion

37135.

DECIDED MAY 22, 1958.

Appellate procedure. Fulton Civil Court. Before Judge Henson. February 26, 1958.

Parks Eisenberg, David S. Eisenberg, for plaintiffs in error.

Lipshutz Macey, John M. Sikes, Jr., contra.

GARDNER, Presiding Judge.

This case arose in the Civil Court of Fulton County wherein William O. Stuart and Gloria Stuart brought a money action against Arthur Construction Company and Arthur Whitehill. The defendants filed answers and cross-actions to which the plaintiffs demurred. The trial court overruled the demurrers and it is on this judgment that the case is here for review.

Where, as here, there is no final judgment excepted to in the bill of exceptions, the writ of error must be dismissed by this court. See Knights of the Ku Klux Klan v. Terrell, 155 Ga. 374 ( 116 S.E. 793), and American Agricultural Chemical Co. v. Bank of Madison, 34 Ga. App. 62 ( 128 S.E. 208).

Writ of error dismissed. Townsend and Carlisle, JJ., concur

DECIDED MAY 22, 1958.