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HAYES v. SIMPSON

33241.

83 Ga. App. 22 (1950)

62 S.E.2d 441

HAYES v. SIMPSON.

Court of Appeals of Georgia.

Rehearing Denied December 15, 1950.

Attorney(s) appearing for the Case

Mitchell & Mitchell, for plaintiff in error.

William B. Spann Jr., Alstor, Foster, Sibley & Miller, Pittman, Hodge & Kinney, contra.

TOWNSEND, J.

(After stating the foregoing facts.) As to the necessity of sustaining a motion to strike a case from the docket, where a general demurrer has been sustained and the case dismissed unless within a specified time an amendment is offered curing the defect, it is held in Gamble v. Gamble, 193 Ga. 591, 595 (supra): "Under numerous rulings of this court, where the order sustaining the demurrer allowed...

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