Davis v. Davis

Deen, Presiding Judge.

1. This appeal is from a judgment of the trial court setting aside on motion a default judgment entered against a garnishee. Such an order is not a final judgment. Finch v. Kilgore, 120 Ga. App. 320 (170 SE2d 304); Wright v. Wright, 139 Ga. App. 60. There is no certificate of immediate review and no application for an appeal under Code Ann. § 6-701 (a). The appeal in the main case is premature and nonreviewable. As to the constitutionality of the statute on which the garnishment is based, see Coursin v. Harper, 236 Ga. 729 (225 SE2d 428).

2. In the cross appeal, the…