State Roofing Supply Co. v. Moon

Court of Appeals of Georgia

State Roofing Supply Co. v. Moon

31 S.E.2d 462, 71 Ga. App. 569, 1944 Ga. App. LEXIS 161

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1944

Docket30604.

StatusPublished

This text of 31 S.E.2d 462 (State Roofing Supply Co. v. Moon) 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.

Bluebook

State Roofing Supply Co. v. Moon, 31 S.E.2d 462, 71 Ga. App. 569, 1944 Ga. App. LEXIS 161 (Ga. Ct. App. 1944).

Pincite

Opinion

Parker, J.

1. Where a general demurrer and several special demurrers were filed by the defendant to the plaintiffs’ petition, and some’ of the special demurrers were sustained, and the order sustaining them gave the plaintiffs ten days in which to amend, and reserved action on the general demurrer; and where the plaintiffs within the ten-day period amended so as to meet the demurrers so sustained — the court did not err in overruling new demurrers, which were in effect renewals of the original demurrers.

2. The petition as amended set forth a cause of action and was sufficient to withstand the renewed general and special demurrers of the defendant. Judgment affirmed.

Sutton, P. J., and Felton, J., concur.

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Parker, J.

1. Where a general demurrer and several special demurrers were filed by the defendant to the plaintiffs’ petition, and some’ of the special demurrers were sustained, and the order sustaining them gave the plaintiffs ten days in which to amend, and reserved action on the general demurrer; and where the plaintiffs within the ten-day period amended so as to meet the demurrers so sustained — the court did not err in overruling new demurrers, which were in effect renewals of the original demurrers.

2. The petition as amended set forth a cause of action and was sufficient to withstand the renewed general and special demurrers of the defendant. Judgment affirmed.

Sutton, P. J., and Felton, J., concur.

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Bluebook (online)

31 S.E.2d 462, 71 Ga. App. 569, 1944 Ga. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-roofing-supply-co-v-moon-gactapp-1944.