Central of Georgia Railway Co. v. Williams

Full title: CENTRAL OF GEORGIA RAILWAY CO. v. WILLIAMS et al

Court: Court of Appeals of Georgia

Date published: Jan 22, 1957

96 S.E.2d 637 (Ga. Ct. App. 1957)

95 Ga. App. 67

Opinion

36508.

DECIDED JANUARY 22, 1957. REHEARING DENIED FEBRUARY 4, 1957.

Appellate procedure. Before Judge Renfroe. Bulloch Superior Court. October 11, 1956.

Price, Spivey Carlton, for plaintiff in error.

Cohen Anderson, contra.

NICHOLS, J.

The writ of error in the present case excepts to a judgment of the trial court which overruled the defendant's general demurrer to the plaintiff's petition, sustained two grounds of special demurrer to the plaintiffs' petition, and sustained the plaintiffs' demurrer to the defendant's answer. In this judgment the plaintiff was given time to amend to meet the defendant's special demurrers. No further judgment appears to have been rendered by the trial court. Held:

The judgment complained of is not such a judgment as is subject to review, and this court is without jurisdiction of the writ of error. Norton v. Hamilton, 92 Ga. App. 2 ( 87 S.E.2d 442); Myers v. Grant, 212 Ga. 182 ( 91 S.E.2d 335); Jacoby v. Jacoby, 212 Ga. 295 ( 92 S.E.2d 7).

Writ of error dismissed. Felton, C. J., and Quillian, J., concur.

DECIDED JANUARY 22, 1957 — REHEARING DENIED FEBRUARY 4, 1957.