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PATE v. BROCK

36621.

95 Ga. App. 594 (1957)

98 S.E.2d 404

PATE v. BROCK et al.

Court of Appeals of Georgia.

Rehearing Denied April 19, 1957.

Attorney(s) appearing for the Case

Henry A. Stewart, Sr., Nall, Sterne, Miller, Cadenhead & Dennis, for plaintiff in error.

Arnold & Gambrell, Forrest C. Oates, Jr., A. Walton Nall, contra.

GARDNER, P. J.

1. The court did not err in passing upon the demurrer to the petition prior to hearing and determining the plea to the jurisdiction. "Want of jurisdiction when it appears on the face of the petition, should be taken advantage of by demurrer." Albany Coca-Cola Bottling Co. v. Shiver, 67 Ga.App. 359 (2) (20 S.E.2d 181). "In all cases demurrer, pleas, and answer shall be disposed of in the order named." Code (Ann.) § 81-1002. See

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