NICHOLS v. ACREE

41260.

112 Ga. App. 287 (1965)

145 S.E.2d 92

NICHOLS et al. v. ACREE et al.

Court of Appeals of Georgia.

Rehearing Denied September 20, 1965.


Attorney(s) appearing for the Case

James V. Pleasants, John G. Davis, for plaintiffs in error.

Herman J. Spence, Frank Adamson, contra.


BELL, Presiding Judge.

1. The bill of exceptions assigns as error the judgment of the trial court in sustaining general demurrers of the defendants based on irregularities apparent in the process attached to the petition.

"The failure to attach process, or an irregularity in a process, is not such a defect as can be taken advantage of by demurrer." Myers v. Griner, 120 Ga. 723, 724 (48 SE 113). "Appearance and pleading shall be a waiver of all irregularities...

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