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WATSON v. PARKE, DAVIS COMPANY.

PANNELL, Judge.

A judgment overruling a general demurrer to a motion to allow a default opened and defensive pleadings filed is not final, neither is an order opening a default, nor would it have been final if it had been rendered as claimed by appellant, and the appeal in the present case from such a judgment, being premature, must, on motion, be dismissed. Nye v. Murcel Mfg. Co., 116 Ga. App. 44 ( 156 S.E.2d 383). The case of Snow v. Conley, 113 Ga. App. 486 ( 148 S.E.2d 484), in which an appeal in such a case was considered by this court, and reversed, is but a physical precedent and must yield to the above express ruling, and the requirements of the statute governing appeals. Sec. 1 of the Appellate Practice Act (Ga. L. 1965, p. 18; Code Ann. § 6-701).

Appeal dismissed. Jordan, P. J., and Deen, J., concur.

ARGUED JANUARY 5, 1968 — DECIDED JANUARY 17, 1968 — REHEARING DENIED JANUARY 31, 1968.
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WATSON v. PARKE, DAVIS COMPANY
(Jan 17, 1968)