Legal Opinion
Parish v. Georgia Railroad Bank & Trust Co.
Court of Appeals of Georgia
Decided April 5, 1967No. 42739PublishedCited by 7 opinions
1Opinion of the Court
Eberhardt, Judge.
An order sustaining a general demurrer to defendant’s plea of nudum pactum is not a final judgment; hence is not appealable.1 Johnson v. Battle, 120 Ga. 649 (2) (48 SE 128); Code Ann. § 6-701. The notice of appeal must specify an appealable judgment from which the appeal is entered (Code Ann. §§ 6-802, 6-803; Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 (150 SE2d 618); Birdwell v. Pippen, 113 Ga. App. 202 (147 SE2d 673)), absent which the appeal must be dismissed. Code Ann. § 6-809.
Appeal dismissed.
It would, of course, be reviewable if enumerated as error in connection…
2Cases cited3 opinions
- Johnson v. BattleSupreme Court of Georgia · 1904
- Interstate Fire Insurance Company v. ChattamSupreme Court of Georgia · 1966
- Birdwell v. PippenCourt of Appeals of Georgia · 1966
3Cited by7 opinions
- Southwest Health and Wellness, LLC v. WorkCourt of Appeals of Georgia · 2006
- Richardson v. General Motors Corp.Court of Appeals of Georgia · 1996
- Ruth v. KennedyCourt of Appeals of Georgia · 1968
- Martin v. FarringtonCourt of Appeals of Georgia · 1986
- Steele v. Cincinnati Insurance CompanyCourt of Appeals of Georgia · 1983
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