Pegg v. Knight's, Inc.

Eberhardt, Judge.

1. While the bill of exceptions recites that on October 20, 1964, the court sustained all demurrers, giving the plaintiff eight days within which to amend, later extended to October 31, 1964, no copy of the order sustaining the demurrers is in the record. Thus it is not possible to determine whether by its language it contained an order of dismissal (see Clark v. S.F.C. &c. Corp., 109 Ga. App. 180, 182 (135 SE2d 473)), or, if so, whether it was operative in praesenti or in futuro (see Hayes v. Simpson, 83 Ga. App. 22 (62 SE2d 441), Smith v. Bugg, 35 Ga. App. 317 (133 SE 49)),…