CAIN v. PHILLIPS

19031.

211 Ga. 806 (1955)

89 S.E.2d 163

CAIN et al. v. PHILLIPS.

Supreme Court of Georgia.

Decided September 12, 1955.


Attorney(s) appearing for the Case

Oliver, Davis & Maner, for plaintiffs in error.

Frank O. Downing, contra.


HAWKINS, Justice.

1. A demurrer to a petition, or motion to dismiss in the nature of a demurrer, does not, without more, cover the petition after it has been amended in material respects, but in such case the demurrer or motion to dismiss should be renewed if it is still relied on. Livingston v. Barnett, 193 Ga. 640 (19 S.E.2d 385); Hughes v. Purcell, 198 Ga. 666 (32 S.E.2d 392).

2. Where...

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