Turner v. Strauss-Epstein Co.
Court of Appeals of Georgia
Complaint; from DeKalb superior court—Judge Smith. June 10, 1916.
1Opinion of the CourtJenkins, J.
1. Unless there has been a final determination of the case in the court below, a writ of error will not lie to an order striking a plea, even though the effect oí such order may be to entitle the plaintiff to a judgment or verdict as matter of course (Johnson v. Battle, 120 Ga. 649, 48 S. E. 128) ; and even where it appears that final judgment has in fact been rendered, in order that exception may be • taken to the sustaining of a demurrer followed by the striking of defendant’s plea, error must also be assigned on the final judgment rendered. McCranie v. Shipp, 10 Ga. App. 544; Lyndon v.…
2Cases cited12 opinions
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- Johnson v. CobbSupreme Court of Georgia · 1897
- Johnson v. BattleSupreme Court of Georgia · 1904
- Hart v. WaldoSupreme Court of Georgia · 1903
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3Cited by6 opinions
- Floyd v. Massachusetts MillsCourt of Appeals of Georgia · 1920
- Haymans v. BennettCourt of Appeals of Georgia · 1922
- Johnson v. First National BankCourt of Appeals of Georgia · 1934
- Braswell v. Macon Savings BankCourt of Appeals of Georgia · 1923
- Stowe v. Columbia Loan Co.Court of Appeals of Georgia · 1957
1 more not listed; retrieve them via the Exa API.