Opinion
39350.
DECIDED APRIL 20, 1962. REHEARING DENIED APRIL 26, 1962.
Appellate procedure. Toombs Superior Court. Before Judge Humphrey.
Sharpe Sharpe, for plaintiff in error.
Nat O. Carter, W. T. Darby, contra.
Miller, Miller Miller, amicus curiae.
The writ of error in the present case excepts to the order of the trial court of November 24, 1961, in which the defendant's general demurrer and one ground of special demurrer were overruled and one ground of special demurrer was sustained. In this order the plaintiff was given leave to amend to meet the defendant's special demurrer, but no further judgment appears to have been rendered by the trial court and there is no assignment of error on any subsequent judgment. Held:
Under the mandate of Ga. L. 1952, p. 243 ( Code Ann. § 81-1001) as construed and followed by this court and the Supreme Court in numerous cases (see, for example: Myers v. Grant, 212 Ga. 182, 91 S.E.2d 335; Jacoby v. Jacoby, 212 Ga. 295, 92 S.E.2d 7; Central of Ga. Ry. Co. v. Williams, 95 Ga. App. 67, 96 S.E.2d 637; Motels, Inc. v. Shadrick, 96 Ga. App. 464, 100 S.E.2d 592; Rich's, Inc. v. Denmon, 100 Ga. App. 694, 112 S.E.2d 234), the writ of error in the instant case is premature and must be
Dismissed. Nichols, P. J., and Frankum, J., concur.