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WRIGHT et al. v. COLLINS.

PANNELL, Judge.

1. While a judgment overruling a general demurrer to a petition is proper matter for appeal as a judgment or ruling which would have been final if it had been rendered as claimed by appellant ( Ramey v. O'Byrne, 121 Ga. 516 (3) ( 49 S.E. 595); Patterson Produce c. Co. v. Wilkes, 1 Ga. App. 430, 432 (5) ( 57 S.E. 1047)), an appeal from a judgment overruling a demurrer, where a judgment sustaining a demurrer would not be a final determination in the case, is prematurely brought and must be dismissed. Hartman Stock Farm v. Henley, 4 Ga. App. 60 ( 60 S.E. 808); see Section 1 (a) 2 of the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18). It follows therefore that where, as in the present case, demurrers are filed to only one count of a petition brought in two counts, an appeal to this court based upon a judgment overruling such demurrers is prematurely brought and must be dismissed on motion. Southern Flour c. Co. v. Levy Rice Milling Co., 22 Ga. App. 554 ( 96 S.E. 593); Columbus Bank c. Co. v. Fryer Chevrolet, 112 Ga. App. 458 ( 145 S.E.2d 622); McCorkle v. McLendon, 116 Ga. App. 475 ( 157 S.E.2d 901).

2. There being no "judgment for a sum certain, which has been affirmed," ( Code § 6-1801) the motion for the assessment of damages under said Code section is hereby denied.

Appeal dismissed. Bell, P. J., and Whitman, J., concur.

ARGUED NOVEMBER 8, 1967 — DECIDED JANUARY 18, 1968.
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WRIGHT v. COLLINS
(Jan 18, 1968)