114 Ga. App. 433 | Ga. Ct. App. | 1966
Since the order sustaining the pleas in abatement filed by the condemnee is not a final judgment (see Elliott v. Service Trust &c., 107 Ga. App. 48 (2) (129 SE2d 203)), the question to be decided on the motion to dismiss the appeal in this court is whether the overruling of a general demurrer to, and a motion to dismiss, the appeal of the condemnee, as to the amount of the damages occasioned by the taking, to a trial by jury on the issue thus made by the appeal, is a decision which “if it had been rendered as claimed by the appellant” condemnor “would have been a final disposition of the cause or final as to some material party thereto.” Section 1 of the Appellate Practice Act of 1965, Ga. L. 1965, p. 18 (Code Ann. § 6-701).
The present condemnation suit was brought under the Act approved April 15, 1961 (Ga. L. 1961, pp. 517, 529) as amended
Appeal dismissed.