Lamb v. Greeno

1 Citing case

  1. Sayer v. Lincoln County

    70 S.E.2d 146 (Ga. Ct. App. 1952)   Cited 1 times

    An amendment to a petition which materially changes the nature of the suit or the cause of action, made at any stage of the case, opens the whole petition anew to demurrer at that time. See Tingle v. Maddox, 186 Ga. 757 (2) ( 198 S.E. 722); Green v. Spires, 189 Ga. 719, 721 ( 7 S.E.2d 246); Lamb v. Greeno, 62 Ga. App. 615 ( 9 S.E.2d 126). Likewise, an amendment to a petition which shows that the plaintiff is not entitled to recover renders the petition as amended subject to demurrer at that time. It clearly appears from this last amendment that the bridge in question was first built by a contractor more than twenty years before the injuries sued for occurred; that no bond was taken by the county or the highway department at that time; that it was rebuilt by the State Highway Department in 1950 without a contract; and that no bond was taken at that time by the county to the highway department.