COMMERCIAL BANK & TRUST COMPANY OF GRIFFIN v. DONEHOO

45479, 45480.

122 Ga. App. 444 (1970)

177 S.E.2d 264

COMMERCIAL BANK & TRUST COMPANY OF GRIFFIN, Guardian v. DONEHOO; and vice versa.

Court of Appeals of Georgia.

Decided September 14, 1970.


Attorney(s) appearing for the Case

Seay & Sims, Clifford Seay, for appellant.

Smalley & Cogburn, John M. Cogburn, Jr., for appellee.


PANNELL, Judge.

1. The defendant bank, which had been sued as guardian of three minor children, filed its appeal, with the proper certificate of review, from the trial court's action in overruling two motions to dismiss the complaint filed by it in behalf of two of the minor children. Subsequently to the entering of the order appealed from, the plaintiff filed a material amendment to his petition bringing it in two counts based upon two different theories. Since the...

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