Atlanta Newspapers, Inc. v. McLendon, 36639

• Decision Date: 23 April 1957
• Docket Number: No. 36639,No. 1,36639,1
• Citation: 98 S.E.2d 195,95 Ga.App. 601
• Parties: ATLANTA NEWSPAPERS, Inc. v. Berwin McLENDON et al
• Court: Georgia Court of Appeals

Page 195

98 S.E.2d 195

95 Ga.App. 601

ATLANTA NEWSPAPERS, Inc. v. Berwin McLENDON et al.

No. 36639.

Court of Appeals of Georgia, Division No. 1.

April 23, 1957.

James C. Holcombe, Marietta, for plaintiff in error.

Robert J. Noland, Douglasville, for defendant in error.

Syllabus Opinion by the Court

NICHOLS, Judge.

'A judgment sustaining any or all demurrers to a petition and allowing time for amendment is not subject to exception or review. Code, § 81-1001 as amended Ga.L.1952, p. 243; Aiken v. State Farm Mut. Automobile Ins. Co., 88 Ga.App. 131, 76 S.E.2d 141; Cates v. Owens, 87 Ga.App. 270, 73 S.E.2d 345; Community Theatres Co. v. Burney, 87 Ga.App. 165, 73 S.E.2d 104; Barron v. Foster, 87 Ga.App. 119, 73 S.E.2d 102.' Thornton v. Courvoisier, 90 Ga.App. 26, 81 S.E.2d 842. The writ of error in the present case excepts to a judgment of the trial court sustaining various grounds of demurrer and allowing time to amend to meet grounds which were sustained. Therefore, the writ of error is premature and must be

Dismissed.

FELTON, C. J., and QUILLIAN, J., concur.