Carter v. Walker

Wyatt, Justice.

1. Where it is apparent that this court is without jurisdiction, it is the duty of the court on its own motion to raise such question, and to dismiss the writ of error. Adams v. Adams, 206 Ga. 857 (2) (59 S. E. 2d, 375).

2. The refusal of a trial court, on motion of the plaintiffs, to dismiss a general demurrer to a petition, is not a final judgment within the meaning of the Code, § 6-701, from which a bill of exceptions assigning error thereon will lie.

3. Accordingly, where, as here, the trial court refused to dismiss a general demurrer, to which ruling the plaintiffs filed…