Opinion
40054.
DECIDED APRIL 24, 1963.
Appellate procedure. DeKalb Civil and Criminal Court. Before Judge Mitchell.
Scott Walters, Jr., for plaintiffs in error.
Ronald J. Armstrong, contra.
The overruling of plea of material alternation to a suit on a conditional-sale contract and note is not a final judgment to which a writ of error will lie. If the plea had been sustained, as contended for by the plaintiff in error (defendant below), it would still have been necessary to have judgment entered for the defendant in order to terminate the case; and in order to review a sustaining or overruling of the plea there must be an assignment of error upon the final judgment in the case. See, as to a plea in bar, Medernach v. Bazemore, 100 Ga. App. 721 ( 112 S.E.2d 272) (accord and satisfaction); Besco Corp. v. Buice, 99 Ga. App. 528 ( 109 S.E.2d 88); Turner v. Walters, 105 Ga. App. 852 ( 125 S.E.2d 703) (workmen's compensation coverage in personal injury action); Levy v. Logan, 98 Ga. App. 584 (2) ( 106 S.E.2d 185) (estoppel by contract). This court is without jurisdiction and the bill of exceptions must be
Dismissed. Felton, C. J., and Russell, J., concur.