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SCHNUCK v. RIALES

39696.

106 Ga. App. 647 (1962)

127 S.E.2d 825

SCHNUCK et al. v. RIALES.

Court of Appeals of Georgia.

Decided September 25, 1962.

Attorney(s) appearing for the Case

Murray C. Underwood, for plaintiff in error.

Zachary & Hunter, John L. Coney, contra.

RUSSELL, Judge.

1. An appeal from the sustaining or overruling of a general demurrer to a petition is prematurely brought where there remains pending and undisposed of in the trial court a cross-action between the same parties. Chemetron Corp. v. Southern Nitrogen Co., 102 Ga.App. 577 (2) (117 S.E.2d 180). A fortiori, where the plaintiff, after filing suit against the defendant, dismissed...

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