Brown v. Atlanta Coca-Cola Bottling Co.

Court of Appeals of Georgia

Brown v. Atlanta Coca-Cola Bottling Co.

171 S.E. 403, 47 Ga. App. 702, 1933 Ga. App. LEXIS 611

CourtCourt of Appeals of Georgia

DecidedOctober 6, 1933

Docket23338

StatusPublished

This text of 171 S.E. 403 (Brown v. Atlanta Coca-Cola Bottling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. Atlanta Coca-Cola Bottling Co., 171 S.E. 403, 47 Ga. App. 702, 1933 Ga. App. LEXIS 611 (Ga. Ct. App. 1933).

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Opinion

Broyles, C. J.

On the first appearance of this case here this court held that the petition failed to set out a cause of action, and reversed the judgment of the trial court overruling the general demurrer. See Atlanta Coca-Cola Bottling Co. v. Brown, 46 Ga. App. 451 (167 S. E. 776). Before the remittitur from this court was made the judgment of the trial court, the plaintiff amended her original petition, and the defendant renewed its demurrer to the petition as amended. The trial judge ruled that the amendment to the petition did not change “the nature of the cause of action,” and dismissed the amended petition on the general demurrer. Held, that this ruling was correct.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

On the first appearance of this case here this court held that the petition failed to set out a cause of action, and reversed the judgment of the trial court overruling the general demurrer. See Atlanta Coca-Cola Bottling Co. v. Brown, 46 Ga. App. 451 (167 S. E. 776). Before the remittitur from this court was made the judgment of the trial court, the plaintiff amended her original petition, and the defendant renewed its demurrer to the petition as amended. The trial judge ruled that the amendment to the petition did not change “the nature of the cause of action,” and dismissed the amended petition on the general demurrer. Held, that this ruling was correct.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur.

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171 S.E. 403, 47 Ga. App. 702, 1933 Ga. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-atlanta-coca-cola-bottling-co-gactapp-1933.

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