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ATLANTA NEWSPAPERS, INC. v. McLENDON

Court of Appeals of Georgia.
Apr 23, 1957

NICHOLS, J.

"A judgment sustaining any or all demurrers to a petition and allowing time for amendment is not subject to exception or review. Code ยง 81-1001 as amended (Ga. L. 1952, p. 243); Aiken v. State Farm Mut. c. Ins. Co., 88 Ga. App. 131 ( 76 S.E.2d 141); Cates v. Owens, 87 Ga. App. 270 ( 73 S.E.2d 345); Community Theatres Co. v. Burney, 87 Ga. App. 165 ( 73 S.E.2d 104); Barron v. Foster, 87 Ga. App. 119 ( 73 S.E.2d 102)." Thornton v. Courvoisier, 90 Ga. App. 26 ( 81 S.E.2d 842). The writ of error in the present case excepts to a judgment of the trial court sustaining various grounds of demurrer, and allowing time to amend to meet the grounds which were sustained. Therefore, the writ of error is premature and must be

Dismissed. Felton, C. J., and Quillian, J., concur.

DECIDED APRIL 23, 1957.