Ford v. American Discount Company

1 Citing case

  1. Davis v. Phillips

    151 S.E.2d 810 (Ga. Ct. App. 1966)

    This latter situation obtained in the cited cases of Meeks v. Douglas, 112 Ga. App. 742 ( 146 S.E.2d 127); Driskal v. Mutual Ben. Life Ins. Co., 144 Ga. 534 ( 87 S.E. 668). Again, a petition may be attacked by special demurrer for misjoinder or duplicity and, if the defect is not cured, may become subject to dismissal. Ford v. American Discount Co., 112 Ga. App. 559 ( 145 S.E.2d 667); Thomas v. Georgia R. c. Co., 23 Ga. App. 428 (3) ( 98 S.E. 360). Also, a petition may originally be attacked by both general and special demurrer, and the court, sustaining both general and special demurrers with leave to amend, will be justified in dismissing the petition if it is not subsequently amended so as to supply that part of the cause of action which was originally lacking. McGarity v. Brewer, 84 Ga. App. 341 (2) ( 66 S.E.2d 157); Northside Manor, Inc. v. Vann, 219 Ga. 298 ( 133 S.E.2d 32).