City of Cornelia v. Gunter

Undercofler, Justice.

This appeal is from an order of the trial court entered at the November 1970 term and dated December 2, 1970. The order overruled the City of Cornelia’s first defense that the complaint failed to state a claim against this defendant upon which relief could be granted. This order changed the judgment of the trial court entered at the June 1970 term which was dated September 17, 1970, and dismissed the City of Cornelia as a party defendant. No motion to set aside the order of September 17, 1970, was made. Held:

"After the expiration of the term at which a decree was entered,…