Marsh v. Allgood

Court of Appeals of Georgia

Marsh v. Allgood

165 S.E.2d 479, 118 Ga. App. 773, 1968 Ga. App. LEXIS 974

Court of Appeals of Georgia·Decided November 5, 1968·No. 43794·Published·Cited by 5 cases

Opinion

Felton, Chief Judge.

This is an appeal from the judgment of the superior court, on appeal from a court of ordinary, sustaining the motion to dismiss the caveat and objections which were filed to an application to the ordinary to set aside a year’s support. The record does not show that the superior court rendered a final judgment setting aside the year’s support.

The judgment appealed from is neither a final judgment nor one certified by the trial court for review. Code Ann. § 6-701 (a) 1, 2 (Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073). Therefore, the appeal must be dismissed. Code Ann. § 6-809 (b, 2) (Ga. L. 1965, pp. 18, 29, as amended).

Appeal dismissed.

Eberhardt and Whitman, JJ., concur.

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Felton, Chief Judge.

This is an appeal from the judgment of the superior court, on appeal from a court of ordinary, sustaining the motion to dismiss the caveat and objections which were filed to an application to the ordinary to set aside a year’s support. The record does not show that the superior court rendered a final judgment setting aside the year’s support.

The judgment appealed from is neither a final judgment nor one certified by the trial court for review. Code Ann. § 6-701 (a) 1, 2 (Ga. L. 1965, p. 18, as amended by Ga. L. 1968, pp. 1072, 1073). Therefore, the appeal must be dismissed. Code Ann. § 6-809 (b, 2) (Ga. L. 1965, pp. 18, 29, as amended).

Appeal dismissed.

Eberhardt and Whitman, JJ., concur.

Marsh v. Allgood, 165 S.E.2d 479, 118 Ga. App. 773, 1968 Ga. App. LEXIS 974 (Ga. Ct. App. 1968).

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Opinion

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