
    16204.
    Clay v. Dinkler.
    Decided May 19, 1925.
    Action for damages; from city court of Atlanta—Judge Eeid. December 6, 1924.
    
      T. J. Lewis, for plaintiff.
    
      Walter A. Sims, James' E. Berman, for defendant.
   Bell, J.

A judgment refusing a motion to set aside a judgment opening a default and allowing the defendant to plead is not a final judgment. It appears from the record that the ease is still pending • in the court below, and has never been tried. The bill of exceptions, not assigning error upon a final judgment, is prematurely brought, and this court is without jurisdiction to entertain it. Bell v. Stewart, 116 Ga. 714 (43 S. E. 70) ; Farmers & Merchants Bank v. Pirkle, 9 Ga. App. 583 (1) (71 S. E. 940) ; Williams v. Chambers, 31 Ga. App. 807 (122 S. E. 97).

Writ of error dismissed.

Jenkins, P. J., and Stephens, J., concur.  