BRYAN v. GRAVELY

38022.

101 Ga. App. 546 (1960)

114 S.E.2d 442

BRYAN et al. v. GRAVELY.

Court of Appeals of Georgia.

Decided April 20, 1960.


Attorney(s) appearing for the Case

Wright, Rogers, Magruder & Hoyt, Robert G. Walther, for plaintiffs in error.

Clower & Anderson, George Anderson, contra.


BELL, Judge.

1. Where a petition is amended by adding a new count, the question as to whether the new count may be added by amendment is properly raised by special demurrer. It is error where a trial judge determines this question by a ruling on a general demurrer. Milton v. Milton, 195 Ga. 130 (23 S.E.2d 411).

2. Where a count added by amendment to a petition contains allegations that the plaintiff...

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