Miller v. Liberty National Bank Trust Company
Court of Appeals of Georgia
1Opinion of the Court
It is well settled by repeated decisions of the Supreme Court and this court that the striking of a defendant's answer is not a final judgment, and that where the only assignment of error in a bill of exceptions is on the striking of the answer this court is without jurisdiction to entertain the bill of exceptions. This is true even where the bill of exceptions contains a recital that the case proceeded to a judgment in favor of the plaintiff. McCranie v. Shipp, 10 Ga. App. 544 (73 S.E. 701); Cheney v. Corbitt Motor-Truck Co., 36 Ga. App. 590 (137 S.E. 412); Willis v. Daniel, 39 Ga. App. 670…
2Cases cited3 opinions
- Guardian v. ShippCourt of Appeals of Georgia · 1912
- Willis v. DanielCourt of Appeals of Georgia · 1929
- Cheney v. Corbitt Motor-Truck Co.Court of Appeals of Georgia · 1927
3Cited by1 opinion
- Duncan v. BradshawCourt of Appeals of Georgia · 1958