Parish v. Georgia Railroad Bank Trust Company

Full title: PARISH v. GEORGIA RAILROAD BANK TRUST COMPANY

Court: Court of Appeals of Georgia

Date published: Apr 5, 1967

154 S.E.2d 750 (Ga. Ct. App. 1967)

115 Ga. App. 540

Opinion

42739.

SUBMITTED APRIL 3, 1967.

DECIDED APRIL 5, 1967.

Appellate procedure. Augusta Municipal Court. Before Judge Mixon.

Sanders, Hester Holley, Jerry B. Dye, for appellant.

Cumming, Nixon, Eve, Waller Capers, Richard E. Allen, John D. Capers, for appellee.

EBERHARDT, Judge.

An order sustaining a general demurrer to defendant's plea of nudum pactum is not a final judgment; hence is not appealable.¹ Johnson v. Battle, 120 Ga. 649 (2) ( 48 S.E. 128); Code Ann. § 6-701. The notice of appeal must specify an appealable judgment from which the appeal is entered ( Code Ann. §§ 6-802, 6-803; Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 ( 150 S.E.2d 618); Birdwell v. Pippen, 113 Ga. App. 202 ( 147 S.E.2d 673)), absent which the appeal must be dismissed. Code Ann. § 6-809.

1 It would, of course, be reviewable if enumerated as error in connection with an appeal from a final judgment.

Appeal dismissed. Felton, C. J., and Hall, J., concur.

EBERHARDT, Judge.

SUBMITTED APRIL 3, 1967 — DECIDED APRIL 5, 1967.