Legal Opinion

Clark v. Associates Discount Corp.

Court of Appeals of Georgia

Decided January 27, 1955No. 35494Published

1Opinion of the CourtTownsend, J.

An order striking an answer is not a final judgment, nor would a judgment thereon have been a final disposition of the ease if rendered as claimed by the plaintiff in error. Code § 6-701; Ross v. Mercer, 115 Ga. 353 (41 S. E. 594); Johnson v. Battle, 120 Ga. 649 (48 S. E. 128); Rabhan v. Rabhan, 185 Ga. 355 (1) (195 S. E. 193). . The bill of exceptions here, the sole assignment of error in which is on the sustaining of a demurrer to the answer, assigns error on no final judgment, and must accordingly be dismissed as premature, and this is true although there is no motion to dismiss, for the…

2Cases cited5 opinions

  1. Johnson v. BattleSupreme Court of Georgia · 1904
  2. Ross v. MercerSupreme Court of Georgia · 1902
  3. Rabhan v. RabhanSupreme Court of Georgia · 1938
  4. Gilbert v. Tippens, superintendent of banksSupreme Court of Georgia · 1936
  5. American Agricultural Chemical Co. v. Bank of MadisonCourt of Appeals of Georgia · 1925

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