Nye v. Murcel Manufacturing Company

Deen, Judge.

Prior to the new Appellate Practice Act (Ga. L. 1965, p. 18) it was well established that the overruling or sustaining of a general demurrer to a motion to open a default under Code Ann. § 110-404 prior to the entry of a final judgment in the case was not itself final and could not be the basis of an appeal under Code Ann. § 6-701. See Harry v. Scenic Heights Development Corp., 218 Ga. 352 (127 SE2d 898) and cit. It is contended that the appeal in this case, which is based on the overruling of a general demurrer to a motion to open a default and allow the filing of defensive…