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PARISH v. GEORGIA RAILROAD BANK & TRUST COMPANY.

42739.

(115 Ga. App. 540)

(154 SE2d 750)

(1967)

EBERHARDT, Judge.

Appellate procedure. Augusta Municipal Court. Before Judge Mixon.

An order sustaining a general demurrer the defendant's plea of nudum pactum is not a final judgment; hence is not appealable. 1 Johnson v. Battle, 120 Ga. 649 (2) (48 SE 128); Code Ann. 6-701. The notice of appeal must specify an appealable judgment from which the appeal is entered (Code Ann. 6-802, 6-803; Interstate Fire Ins. Co. v. Chattam, 222 Ga. 436 (150 SE2d 618); Birdwell v. Pippen, 113 Ga. App. 202 (147 SE2d 673)), absent which the appeal must be dismissed. Code Ann. 6-809.

1 It would, of course, be reviewable if enumerated as error in connection with an appeal from a final judgment.

Cumming, Nixon, Eve, Waller & Capers, Richard E. Allen, John D. Capers, for appellee.

Sanders, Hester & Holley, Jerry B. Dye, for appellant.

SUBMITTED APRIL 3, 1967 -- DECIDED APRIL 5, 1967.

Monday October 6 12:25 CDT

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