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

Court of Appeals of Georgia·Decided September 20, 1944·No. 30604.·Published

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.

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

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