Hattaway v. Butler Brothers Inc.

Court of Appeals of Georgia

Hattaway v. Butler Brothers Inc.

17 S.E.2d 87, 66 Ga. App. 102, 1941 Ga. App. LEXIS 131

CourtCourt of Appeals of Georgia

DecidedOctober 22, 1941

Docket29149.

StatusPublished

This text of 17 S.E.2d 87 (Hattaway v. Butler Brothers Inc.) 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

Hattaway v. Butler Brothers Inc., 17 S.E.2d 87, 66 Ga. App. 102, 1941 Ga. App. LEXIS 131 (Ga. Ct. App. 1941).

Pincite

Opinion

Bboyles, C. J.

The sole assignment of error in the bill of exceptions is based upon the judgment of the court striking the defendant’s answer on demurrer. Under repeated decisions of the Supreme Court and of this court such a judgment is not a final judgment, and' the case is still pending in the trial court. Therefore the motion to dismiss the bill of exceptions as prematurely brought is sustained.

Writ of error dismissed.

MacIntyre and Gardner, JJ., concur.

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Bboyles, C. J.

The sole assignment of error in the bill of exceptions is based upon the judgment of the court striking the defendant’s answer on demurrer. Under repeated decisions of the Supreme Court and of this court such a judgment is not a final judgment, and' the case is still pending in the trial court. Therefore the motion to dismiss the bill of exceptions as prematurely brought is sustained.

Writ of error dismissed.

MacIntyre and Gardner, JJ., concur.

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Bluebook (online)

17 S.E.2d 87, 66 Ga. App. 102, 1941 Ga. App. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hattaway-v-butler-brothers-inc-gactapp-1941.