Morton Realty Co. v. Hunter

75 S.E.2d 838, 88 Ga. App. 29, 1953 Ga. App. LEXIS 1000

Opinion

Sutton, C. J.

Morton Realty Company sued Dr. Jack Hunter, in the Civil Court of DeKalb County, for rent alleged to be due on an office. The defendant filed an answer and cross-action, to which the plaintiff filed general and special demurrers. The demurrers were overruled, and the plaintiff excepted. Held:

Decided April 11, 1953. Charles W. Bergman, for plaintiff in error. J. Robin Harris, contra.

The judgment overruling the plaintiff’s demurrers to the defendant’s answer and cross-action is not such a final judgment as can be reviewed by a direct bill of exceptions. Therefore, the writ of error is dismissed. Dove v. Maxwell, 184 Ga. 460 (191 S. E. 916); Daniel v. Chastaine, 177 Ga. 730 (2) (171 S. E. 373); White v. Chisolm, 160 Ga. 177 (127 S. E. 140); Johnson v. First National Bank of Shellman, 50 Ga. App. 90 (177 S. E. 73).

Writ of error dismissed.

Felton and Woxrill, JJ., concur.