Clay v. Dinkler

Court of Appeals of Georgia

Clay v. Dinkler

128 S.E. 219, 34 Ga. App. 119, 1925 Ga. App. LEXIS 56

CourtCourt of Appeals of Georgia

DecidedMay 19, 1925

Docket16204

StatusPublished

Cited by4 cases

This text of 128 S.E. 219 (Clay v. Dinkler) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clay v. Dinkler, 128 S.E. 219, 34 Ga. App. 119, 1925 Ga. App. LEXIS 56 (Ga. Ct. App. 1925).

Pincite

Opinion

Bell, J.

A judgment refusing a motion to set aside a judgment opening a default and allowing the defendant to plead is not a final judgment. It appears from the record that the ease is still pending • in the court below, and has never been tried. The bill of exceptions, not assigning error upon a final judgment, is prematurely brought, and this court is without jurisdiction to entertain it. Bell v. Stewart, 116 Ga. 714 (43 S. E. 70) ; Farmers & Merchants Bank v. Pirkle, 9 Ga. App. 583 (1) (71 S. E. 940) ; Williams v. Chambers, 31 Ga. App. 807 (122 S. E. 97).

Writ of error dismissed.

Jenkins, P. J., and Stephens, J., concur.

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Bell, J.

A judgment refusing a motion to set aside a judgment opening a default and allowing the defendant to plead is not a final judgment. It appears from the record that the ease is still pending • in the court below, and has never been tried. The bill of exceptions, not assigning error upon a final judgment, is prematurely brought, and this court is without jurisdiction to entertain it. Bell v. Stewart, 116 Ga. 714 (43 S. E. 70) ; Farmers & Merchants Bank v. Pirkle, 9 Ga. App. 583 (1) (71 S. E. 940) ; Williams v. Chambers, 31 Ga. App. 807 (122 S. E. 97).

Writ of error dismissed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

128 S.E. 219, 34 Ga. App. 119, 1925 Ga. App. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-dinkler-gactapp-1925.

Opinion

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