Legal Opinion

Miller v. Liberty National Bank & Trust Co.

Court of Appeals of Georgia

Decided February 17, 1943No. 29793Published

1Opinion of the CourtBroyles, C. J.

It is well settled by repeated decisions of the Supreme Court and this court that the striking of a defendant’s answer is not a final judgment, and that where the only assignment of error in a bill of exceptions is on the striking of the answer this court is without jurisdiction to entertain the bill of exceptions. This is true even where the bill of exceptions contains a recital that the case proceeded to a judgment in favor of the plaintiff. McCranie v. Shipp, 10 Ga. App. 544 (73 S. E. 701) ; Cheney v. Corbitt Motor-Truck, Co., 36 Ga. App. 590 (137 S. E. 412); Willis v. Daniel, 39 Ga. App.…

2Cases cited3 opinions

  1. Guardian v. ShippCourt of Appeals of Georgia · 1912
  2. Willis v. DanielCourt of Appeals of Georgia · 1929
  3. Cheney v. Corbitt Motor-Truck Co.Court of Appeals of Georgia · 1927

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