Eidson v. Cheek

Mobley, Justice.

1. “If the defendant calls in question by demurrer the sufficiency of the petition, and the court renders a decision holding that the petition sets forth a-cause of action, so long as this decision stands unreversed the defendant is precluded from calling in question the sufficiency of the petition by oral motion to dismiss,” the ruling on demurrer being res judicata. Ga. Northern Ry. Co. v. Hutchins, 119 Ga. 504 (46 S. E. 659). See also Loughridge v. City of Dalton, 166 Ga. 323 (143 S. E. 393); Kaiser v. Kaiser, 195 Ga. 774 (25 S. E. 2d 665); Shackleford v. Riddling, 198 Ga.…