Davidson v. Consolidated Quarries Corp.

On Motion for Rehearing.

Quillian, Judge.

The defendant in error by way of motion for rehearing protests the ruling made on the cross-bill of exceptions. The protest is predicated on the holding of the-Supreme Court in Hendrix v. Pirkle, 208 Ga. 751 (69 S. E. 2d 267). That case is parallel neither factually nor upon principle with the case sub judice.

There was an order in the Hendrix case sustaining certain special demurrers and allowing the petition to be amended within 10 days. Obviously, the judgment was not a final judgment to which exception could be taken.

The judgment of August 27, 1956,…