WELSCH v. WILSON

22001.

218 Ga. 843 (1963)

131 S.E.2d 194

WELSCH, Mayor, et al. v. WILSON.

Supreme Court of Georgia.

Decided May 9, 1963.


Attorney(s) appearing for the Case

Vernon W. Duncan, Frank D. Schaffer, for plaintiffs in error.

Grubbs & Prosser, contra.


CANDLER, Justice.

1. Where, as here, a judgment overruling general demurrers to an amended petition is directly excepted to under the provisions of Code Ann. § 6-701 and the reviewing court reverses that judgment, the plaintiff may at any time before the remittitur is made the judgment of the trial court amend his petition; and this he may do even before the remittitur is sent down and filed in the trial court. For unanimous cases so holding, see Walker...

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