DELCHER &c. CO. v. REYNOLDS & MANLEY &c. CO.

32604.

80 Ga. App. 288 (1949)

55 S.E.2d 864

DELCHER BROTHERS STORAGE CO. v. REYNOLDS & MANLEY LUMBER CO.

Court of Appeals of Georgia.

Decided October 28, 1949.


Attorney(s) appearing for the Case

Hitch, Morris, Harrison & Smith, for plaintiff.

Emanuel Lewis, for defendant.


MacINTYRE, P. J.

1. The plaintiff's exception to the court's first ruling on the demurrer is futile and cannot be considered. "A plaintiff who submits to a ruling that his petition is subject to general demurrer, and that unless, within a designated time, it be so amended as to show a cause of action, the case on a named date will be dismissed, and who thereupon, in an effort to meet the ruling, amends his petition, will not thereafter be heard to say that the amendment...

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