Williams v. Kwik Shake Dispenser Mfg. Co., 20207

• Decision Date: 10 October 1958
• Docket Number: No. 20207,20207
• Citation: 105 S.E.2d 457,214 Ga. 478
• Parties: Arthur D. WILLIAMS v. KWIK SHAKE DISPENSER MANUFACTURING COMPANY.
• Court: Georgia Supreme Court

Page 457

105 S.E.2d 457

214 Ga. 478

Arthur D. WILLIAMS v. KWIK SHAKE DISPENSER MANUFACTURING COMPANY.

No. 20207.

Supreme Court of Georgia.

Oct. 10, 1958.

Howell C. Ravan, Marietta, for plaintiff in error.

Hicks & Henderson, Marietta, for defendant in error.

Syllabus Opinion by the Court

HEAD, Justice.

The bill of exceptions assigns as error a judgment of the court sustaining the demurrers of the plaintiff to the defendant's answer and cross-action. Held: The dismissal of a cross-bill or answer is not such a final disposition of a cause as may be reviewed in this court. Code, § 6-701, as amended by Ga.L.1957, pp. 229-232; Knights of the Ku Klux Klan v. Terrell, 155 Ga. 374, 116 S.E. 793; White v. Chisolm, 160 Ga. 177, 127 S.E. 140; Byrd v. Equitable Life Assurance Society, 184 Ga. 178, 190 S.E. 584; Darden v. Roberts, 193 Ga. 637, 19 S.E.2d 270; Sanders v. Sanders, 212 Ga. 244, 91 S.E.2d 604; Bowman v. Poole, 212 Ga. 697, 95 S.E.2d 375. The amendment to the rules of practice and procedure, approved January 19, 1957 (Ga.L.1957, pp. 224-248), did not repeal or modify the rule that the dismissal of a cross-action on demurrer is not such a final judgment as may be reviewed by direct bill of exceptions.

Writ of error dismissed.

All the Justices concur.