HUDGINS & CO. v. SOUTHLAND ICE CO.

38931.

104 Ga. App. 150 (1961)

121 S.E.2d 193

HUDGINS & COMPANY, INC. v. SOUTHLAND ICE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied July 11, 1961.


Attorney(s) appearing for the Case

Harris Bullock, Carl T. Hudgins, for plaintiff in error.

A. David Kahn, James W. Dorsey, contra.


CARLISLE, Presiding Judge.

1. While the procedure followed in this case is somewhat unusual, the trial judge, nevertheless, had a discretion as to whether he would grant the defendant's motion to require the plaintiff to replead. Johnson v. Georgia Fertilizer &c. Co., 21 Ga.App. 530 (5) (94 SE 850). There being no objection to the order requiring the replication, the petition will be treated for the purposes of decision on demurrer as having been amended...

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