BARNETT v. WHATLEY

34322, 34327.

87 Ga. App. 860 (1953)

75 S.E.2d 667

BARNETT v. WHATLEY; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 28, 1953.


Attorney(s) appearing for the Case

Burt DeRieux, Marshall, Greene, Baird & Neely, for plaintiff in error.

Kermit C. Bradford, Durwood Pye, contra.


SUTTON, C. J.

1. The cross-bill of exceptions assigns error upon exceptions pendente lite to a purported order of the court overruling the plaintiff's special demurrer to paragraph 17 of the defendant's answer. The record shows that this order was not signed by the judge presiding. There was no judgment which could be excepted to, and therefore the cross-bill must be dismissed.

2. However, the question of the sufficiency of paragraph 17 of the answer is presented...

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