Pollock v. City of Albany
Court of Appeals of Georgia
1Opinion of the CourtSutton, C.J.
A demurrer to an original petition does not, without more, cover the petition after it has been amended in material respects; and it has been said that, if a demurrer is still relied upon, after an amendment to a pleading has been allowed, it should be renewed or insisted upon (General Accident, Fire &c. Corp. v. Way, 20 Ga. App. 106 (2), 92 S. E. 650; Satlof v. State, 52 Ga. App. 208, 182 S. E. 864), or “urged against the petition” after amendment thereto (Mauldin v. Mauldin, 25 Ga. App. 743 (3), 105 S. E. 252); and it has been ruled that, if the court permits an amendment to a petition…
2Cases cited10 opinions
- Cornelisen v. City of AtlantaSupreme Court of Georgia · 1917
- Tyson v. ShoemakerSupreme Court of Georgia · 1951
- General Accident, Fire & Life Assurance Corp. v. WayCourt of Appeals of Georgia · 1917
- Petty v. City of AtlantaCourt of Appeals of Georgia · 1929
- Thornton & Warren v. CordellCourt of Appeals of Georgia · 1911
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3Cited by7 opinions
- Oxford v. ShumanCourt of Appeals of Georgia · 1962
- Sheley v. Board of Public EducationCourt of Appeals of Georgia · 1974
- National Surety Corporation v. HuntCourt of Appeals of Georgia · 1961
- Cleghorn v. City of AlbanyCourt of Appeals of Georgia · 1987
- City of Albany v. South Georgia Rails to Trails, Inc.Court of Appeals of Georgia · 2025
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