It has not been shown that the plaintiff has received a judgment where no claim in fact existed. Morris v. Townsend, 118 Ga. App. 572 ( 164 S.E.2d 869). Judgment affirmed. Bell, C. J., and Quillian, J., concur.
1. Since demurrers were abolished by the Civil Practice Act, we view the petition in the light of the requirements of § 8 (a) of the Civil Practice Act (Ga. L. 1966, pp. 609, 619; Code Ann. § 81A-108 (a)) and treat the general demurrer as a motion to dismiss under § 12 (b) for failure to state a claim upon which relief can be granted (Ga. L. 1966, pp. 609, 622; Code Ann. § 81A-112 (b)) for failure to state a the trial judge as if it were based on such requirements. See Ghitter v. Edge, 118 Ga. App. 750, 751 ( 165 S.E.2d 598); Banks v. Champion, 118 Ga. App. 79 ( 162 S.E.2d 824); and Morris v. Townsend, 118 Ga. App. 572 (2) ( 164 S.E.2d 869). Under the liberalized notice pleading now in effect the petition clearly states a claim, and the trial judge erred in dismissing the action against the county.