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ECHOLS v. TIME MOTOR SALES, INC.

41265.

111 Ga. App. 553 (1965)

142 S.E.2d 324

ECHOLS v. TIME MOTOR SALES, INC.

Court of Appeals of Georgia.

Decided April 13, 1965.

Attorney(s) appearing for the Case

Bartholomew & White, James A. White, Jr., for plaintiff in error.

Robert Carpenter, A. Tate Conyers, contra.

EBERHARDT, Judge.

1. The January 4 order sustaining the demurrer, though granting leave to amend within 15 days, did not carry a self-executing provision; that is to say, it did not provide that in default of an amendment within the time allowed the petition should stand dismissed. Absent that provision the petition did not stand automatically dismissed upon expiration of the time allowed, no amendment having been offered. A second order was necessary to effect the...

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