Opinion
34949.
DECIDED JANUARY 9, 1954.
Appellate procedure. Before Judge Nichols. Floyd Superior Court. October 7, 1953.
Hicks Culbert, for plaintiff in error.
Robert L. Scoggin, contra.
A writ of error to this court, assigning error solely on the trial court's judgment sustaining a general demurrer to the defendant's answer to the plaintiff's action for breach of contract, is premature and must be dismissed, as such judgment is not such a final one within the meaning of Code § 6-701 as to confer jurisdiction on this court. Johannesen v. Whiddon, 85 Ga. App. 252 ( 69 S.E.2d 118).
Writ of error dismissed. Gardner, P. J., and Townsend, J., concur.