MARSH v. STATE HIGHWAY DEPARTMENT

20789.

216 Ga. 54 (1960)

114 S.E.2d 411

MARSH v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided May 5, 1960.

Rehearing Denied May 18, 1960.


Attorney(s) appearing for the Case

Marshall L. Fountain, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Carter Goode, Assistant Attorneys-General, Frank Hardeman, contra.


QUILLIAN, Justice.

1. The holding of this court on the former appearance of the case was an adjudication that the petition set forth the right of the plaintiff to some, but not necessarily all, of the relief prayed. Feeny Hay Co. v. Trenton Milling Co., 189 Ga. 109 (1) (5 S.E.2d 235).

When the original prayers of the petition were stricken by an amendment which substituted prayers for relief other and substantially different from that originally...

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