Cohen v. Garland

119 Ga. App. 333 (1969)

167 S.E.2d 599

COHEN

v.

GARLAND.

43856.

Court of Appeals of Georgia.

Argued September 9, 1968.

Decided January 27, 1969.

Rehearing Denied March 11, 1969.

George G. Finch, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Hoke Smith, for appellant.

E. G. Shaffer, for appellee.

1. (a) The grant of a partial summary judgment is an appealable order. Code Ann. § 81A-156(h). Where the plaintiff sues on a theory of money had and received by the defendant which was paid over in two sums, and the allegations of the petition affirmatively show that the plaintiff is not entitled to recover one of…