Hope v. Hudgins, 37513
Decision Date | 21 January 1959 |
Docket Number | No. 37513,No. 2,37513,2 |
Citation | 107 S.E.2d 252,98 Ga.App. 856 |
Parties | G. M. HOPE, Jr. v. M. S. HUDGINS et al |
Court | Georgia Court of Appeals |
Nick Long, Jr., Atlanta, for plaintiff in error.
Greene, Neely, Buckley & DeRieux and Hurt, Gaines, Baird, Peek & Peabody, Atlanta, for defendants in error.
Syllabus Opinion by the Court
George M. Hope, Jr., brought suit against the following defendants: The Atlanta Coca-Cola Bottling Company and Maurice S. Hudgins, d/b/a Tuxedo Supermarkets.
The defendants have filed a motion to dismiss because the bill of exceptions does not contain any assignment of error upon a final judgment in the case, as is required under Code (Ann.) § 6-701, since a direct appeal from the order overruling the general demurrer of the plaintiff to the motion of the defendants to open the default judgment is not a final judgment.
In American Stove Co. v. Belcher, 86 Ga.App. 203, 71 S.E.2d 108 this court said: 'A judgment granting or refusing to grant a motion to open a default is not a final judgment'. In Denmark v. Denmark, 83 Ga.App. 532, 64 S.E.2d 201 this court said: See also Ethridge v. Quality Hatchery, Inc., 98 Ga.App. 164, 105 S.E.2d 402, 403 and Duncan v. Bradshaw, 98 Ga.App. 178, 105 S.E.2d 385.
When the provisions of Code, § 6-701 are not complied with, as is shown by the record of this case, it follows that the bill of exceptions was prematurely brought since the record shows that the original action is still pending in the trial court.
Writ of error dismissed.
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Rueda v. Galvez
...Transit Lines, 170 Cal.App.2d 706, 339 P.2d 586 (1959); Garcia v. Thompson, 137 Colo. 231, 323 P.2d 280 (1958); Hope v. Hudgins, 98 Ga.App. 856, 107 S.E.2d 252 (1959) (dictum); Fudim v. Kane, 47 R.I. 357, 133 A. 351 The appeal is dismissed. STRUKMEYER and LOCKWOOD, JJ., concur. ...
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Harry v. Scenic Heights Development Corp.
...it. Ryles v. Moore, 191 Ga. 661, 662, 13 S.E.2d 672. See Denmark v. Denmark, 83 Ga.App. 532, 64 S.E.2d 201, and Hope v. Hudgins, 98 Ga.App. 856, 107 S.E.2d 252. This not being a final judgment as defined by Code Ann. § 6-701 (Ga.L.1890-1891, p. 82; Ga.L.1946, pp. 726, 730; Ga.L.1953, Nov.Se......
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