Almon v. R. H. Macy & Co.

Townsend, Presiding Judge.

1. A plea of lis pendens on the ground that there was pending at the commencement of the action another suit in another court between the same parties and on the same cause of action is a plea in abatement. Code § 3-607.

2. Except as specially provided by law, a judgment sustaining or overruling a plea in abatement is not a final judgment, *373and a writ of error based solely thereon is premature. City of Tallapoosa v. Brock, 143 Ga. 599 (2) (85 S. E. 755); Pattison v. Davis, 56 Ga. App. 801 (1) (194 S. E. 222); Cooper v. Vanhorn, 58 Ga. App. 446 (198 S. E. 794).

Decided…