Altman v. Moses

1 Citing case

  1. Pollock v. City of Albany

    77 S.E.2d 579 (Ga. Ct. App. 1953)   Cited 4 times

    more, cover the petition after it has been amended in material respects; and it has been said that, if a demurrer is still relied upon, after an amendment to a pleading has been allowed, it should be renewed or insisted upon ( General Accident, Fire c. Corp. v. Way, 20 Ga. App. 106 (2), 92 S.E. 650; Satlof v. State, 52 Ga. App. 208, 182 S.E. 864), or "urged against the petition" after amendment thereto ( Mauldin v. Mauldin, 25 Ga. App. 743 (3), 105 S.E. 252); and it has been ruled that, if the court permits an amendment to a petition after a demurrer thereto has been filed but before the demurrer has been ruled upon, the demurrer need not again be "formally presented" in order to except to the ruling on the demurrer ( Thornton Warren v. Cordell, 8 Ga. App. 588 (2), 70 S.E. 17). An oral motion to strike, in the nature of a general demurrer, may be made at any time before verdict. Tyson v. Shoemaker, 208 Ga. 28, 33 ( 65 S.E.2d 163); O'Hara v. Youmans, 82 Ga. App. 164 ( 60 S.E.2d 841); Altman v. Moses, 73 Ga. App. 505 ( 37 S.E.2d 236); Code ยง 81-302. Therefore, the defendant's oral renewal of and insistence upon its demurrers as filed to the original petition, where the plaintiff amended his petition before the demurrers were ruled upon, was sufficient to renew the general grounds of demurrer so that they covered the petition as amended.