Legal Opinion
Johannesen v. Whiddon
Court of Appeals of Georgia
Decided January 21, 1952No. 33690PublishedCited by 4 opinions
1Opinion of the CourtTownsend, J.
1. An order of court that the general “demurrer to the defendant’s answer as amended is hereby sustained” is not a final judgment within the meaning of Code § 6-701 from which a bill of exceptions assigning error thereon will lie. Hardy v. Bank of Ila, 67 Ga. App. 299 (20 S. E. 2d, 94); Quillian v. Golson, 54 Ga. App. 409 (187 S. E. 892).
2. A bill of exceptions will be dismissed by the reviewing court on its own motion when it is fatally defective in that it fails to assign error on any final judgment, even though said bill of exceptions discloses that a final judgment was in fact rendered,…
2Cases cited5 opinions
- Taylor v. BolesSupreme Court of Georgia · 1941
- Davis v. StateSupreme Court of Georgia · 1941
- Peerless Laundry Co. v. AbrahamSupreme Court of Georgia · 1941
- Hardy v. Bank of IlaCourt of Appeals of Georgia · 1942
- Quillian v. GolsonCourt of Appeals of Georgia · 1936
3Cited by4 opinions
- Hope v. HudginsCourt of Appeals of Georgia · 1963
- Elliott v. Service Trust & SavingsCourt of Appeals of Georgia · 1962
- Davis House, Inc. v. JenningsCourt of Appeals of Georgia · 1965
- Williams v. ByersCourt of Appeals of Georgia · 1954