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Royal Oil Company, Inc. v. Hooks

Court of Appeals of Georgia
Sep 22, 1964
138 S.E.2d 442 (Ga. Ct. App. 1964)

Opinion

40937.

DECIDED SEPTEMBER 22, 1964.

Appellate procedure. Washington Superior Court. Before Judge Brown.

Casey Thigpen, for plaintiff in error.

M. W. Dukes, contra.


Since the dismissal of an answer on demurrer is not such a final disposition of a cause as may be reviewed by this court, Williams v. Kwik Shake Dispenser Mfg. Co., 214 Ga. 478 ( 105 S.E.2d 457), Ga. L. 1957, pp. 224, 230, Code Ann., § 6-701, the overruling of a demurrer to an answer "if it had been rendered as claimed by plaintiff in error" would not have been a final disposition of the cause. Bello v. Milholland, 216 Ga. 162 (2) ( 115 S.E.2d 531). It follows, therefore, that the bill of exceptions brought by the plaintiff in the present case, assigning error on the overruling of demurrers to the answer of the defendant, must be

Dismissed. Felton, C. J., and Frankum, J., concur.

DECIDED SEPTEMBER 22, 1964.


Summaries of

Royal Oil Company, Inc. v. Hooks

Court of Appeals of Georgia
Sep 22, 1964
138 S.E.2d 442 (Ga. Ct. App. 1964)
Case details for

Royal Oil Company, Inc. v. Hooks

Case Details

Full title:ROYAL OIL COMPANY, INC. v. HOOKS

Court:Court of Appeals of Georgia

Date published: Sep 22, 1964

Citations

138 S.E.2d 442 (Ga. Ct. App. 1964)
110 Ga. App. 309