State Highway Department v. Kirchmeyer

Pannell, Judge.

Since the order sustaining the pleas in abatement filed by the condemnee is not a final judgment (see Elliott v. Service Trust &c., 107 Ga. App. 48 (2) (129 SE2d 203)), the question to be decided on the motion to dismiss the appeal in this court is whether the overruling of a general demurrer to, and a motion to dismiss, the appeal of the condemnee, as to the amount of the damages occasioned by the taking, to a trial by jury on the issue thus made by the appeal, is a decision which “if it had been rendered as claimed by the appellant” condemnor “would have been a final…