Thoben Elrod Co. v. Holiday

Russell, Judge.

1. Where the court sustains certain general and special demurrers to a petition with leave to amend, such judgment is not final, and the court after amendment shall enter a new judgment which entirely supersedes the original or interlocutory judgment. Code Ann. § 81-1001. General demurrers and special demurrers' to portions of the petition materially altered by amendment must be renewed after amendment if they are still relied upon; otherwise the questions raised thereby are extinguished. McCormick v. Johnson, 213 Ga. 544 (3) (100 SE2d 195).

2. While Code § 81-105 requires that…