Banister v. National Fire Insurance Co.

Russell, Judge.

1. “A material amendment to a petition reopens the entire petition to demurrer, and where the demur rer, instead of renewing all grounds of demurrer theretofore filed, merely renews specified grounds, all other grounds of demurrer are in law abandoned and will not be considered.” Empire Box, Inc. v. Moore, 87 Ga. App. 57 (1) (73 SE2d 63). The general rule is that a special demurrer must be filed at the first opportunity if it is desired that the technical defect be insisted upon, and a litigant cannot wait many months after the defect urged in the special demurrer becomes…