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PARISH v. GEORGIA RAILROAD BANK TRUST COMPANY.

EBERHARDT, Judge.

An order sustaining a general demurrer to defendant's plea of nudum pactum is not a final judgment; hence is not appealable. Johnson v. Battle, 120 Ga. 649 (2) ( 48 S.E. 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 S.E.2d 618); Birdwell v. Pippen, 113 Ga. App. 202 ( 147 S.E.2d 673)), absent which the appeal must be dismissed. Code Ann. § 6-809.

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

Appeal dismissed. Felton, C. J., and Hall, J., concur.

EBERHARDT, Judge.

SUBMITTED APRIL 3, 1967 — DECIDED APRIL 5, 1967.
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PARISH v. GEORGIA RAILROAD BANK TRUST COMPANY
(Apr 5, 1967)