147 S.E.2d 828 | Ga. Ct. App. | 1966
SEATON
v.
REDISCO, INC.
Court of Appeals of Georgia.
J. E. B. Stewart, for appellant.
Lewis, Lewis & Cagle, Robert W. Cagle, for appellee.
EBERHARDT, Judge.
1. The record discloses that the notice of appeal was filed November 15, 1965, and that the judgment *257 appealed from was entered October 13, 1965. "A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . ." Code Ann. § 6-803 (Ga. L. 1965, p. 18, § 5).
2. The judgment appealed from is one sustaining a general demurrer to defendant-appellant's answer and cross action, and is not an appealable judgment. Code Ann. § 6-701 (a) (1) (Ga. L. 1965, p. 18, § 1 (a) (1)); Birdwell v. Pippen, 113 Ga. App. 202 (147 SE2d 673).
The appeal must be dismissed. Code Ann. § 6-809 (b) (1, 2).
Appeal dismissed, Bell, P. J., and Jordan, J., concur.
