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NYE v. MURCEL MANUFACTURING COMPANY

42811.

116 Ga. App. 44 (1967)

156 S.E.2d 383

NYE et al. v. MURCEL MANUFACTURING COMPANY.

Court of Appeals of Georgia.

Decided June 20, 1967.

Attorney(s) appearing for the Case

John P. Rabun, for appellant.

Sharpe, Sharpe & Hartley, T. Malone Sharpe, for appellee.

DEEN, Judge.

Prior to the new Appellate Practice Act (Ga. L. 1965, p. 18) it was well established that the overruling or sustaining of a general demurrer to a motion to open a default under Code Ann. § 110-404 prior to the entry of a final judgment in the case was not itself final and could not be the basis of an appeal under Code Ann. § 6-701. See Harry v. Scenic Heights Development Corp., 218 Ga. 352

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