Brown v. Elliott, 42456
Decision Date | 24 January 1967 |
Docket Number | No. 42456,No. 3,42456,3 |
Citation | 115 Ga.App. 89,153 S.E.2d 665 |
Parties | Edna BROWN v. O. E. ELLIOTT |
Court | Georgia Court of Appeals |
W. M. Mathews, Jr., Atlanta, for appellant.
J. E. Wilson, Hapeville, for appellee.
Syllabus Opinion by the Court
The appeal in the instant case was taken from the sustaining of a general demurrer to the plaintiff's petition. The defendants have moved to dismiss this appeal on the ground that it is premature because the defendant's cross action is still pending in the court below. Held:
To continue reading
Request your trial5 cases
-
Passmore v. Truman & Smith Institute, Inc.
...carry with it the defendant's cross action. Chemetron Corp. v. Southern Nitrogen Co., 102 Ga.App. 577, 17 S.E.2d 180; Brown v. Elliott, 115 Ga.App. 89, 90, 153 S.E.2d 665. With the cross action still pending the appeal is premature since there is not a final judgment under Code Ann. § 6-701......
-
Blanchard v. West
...the case remained pending in the lower court, and an appeal by the plaintiff at that time would have been premature. Brown v. Elliott, 115 Ga.App. 89, 153 S.E.2d 665. 2. The petition in the present case shows, in essence, that the plaintiff and defendant were equal owners of Ace Bonding Com......
- Builders Supply Co. v. Pilgrim, 42308
-
Conte Enterprises, Inc. v. Romax Const. Co., Inc.
...is premature and this court is without jurisdiction to consider it. O'Kelley v. Evans, 223 Ga. 512, 156 S.E.2d 450; Brown v. Elliott, 115 Ga.App. 89, 153 S.E.2d 665; Passmore v. Truman & Smith Institute, 116 Ga.App. 803, 159 S.E.2d 92; Butler Auction Co., Inc. v. Hosch, 119 Ga.App. 562, 167......
Request a trial to view additional results