BRYAN v. DIGBY

41342.

112 Ga. App. 134 (1965)

144 S.E.2d 230

BRYAN v. DIGBY.

Court of Appeals of Georgia.

Decided July 9, 1965.

Rehearing Denied July 21, 1965.


Attorney(s) appearing for the Case

Russo & Russo, Lucio L. Russo, for plaintiff in error.

Davis & Stringer, Robert H. Stringer, contra.


DEEN, Judge.

1. A judgment sustaining or overruling a general demurrer fixes the law of the case as to the sufficiency of a petition to set out a cause of action unless the plaintiff by amendment sets up new facts which, taken in connection with the allegations of the original petition, present a different situation requiring a contrary conclusion. Brooks v. Southern Clays, 220 Ga. 152<...

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