Nalley v. Aiken

Quillian, Judge.

The plaintiff"' filed a claim against the defendant to recover attorney’s fees. Prior to the trial the defendant filed a motion to stay the proceedings. After a hearing thereon Judge Webb of the Civil Court of Fulton County overruled the motion. An appeal was taken from that order and this court held that the appeal was premature. Nalley v. Aiken, 119 Ga. App. 406 (167 SE2d 239).

Upon the trial of the case before Judge Tidwell, sitting without intervention of a jury, defendant’s counsel stated that he continued to urge his position on the motion to stay. However, at the…