Peoples Loan & Finance Corp. v. McBurnette

Townsend, Judge.

Where after demurrers are, sustained, with leave to amend and an amendment is filed pursuant to such order, the questions raised by the demurrer prior to amendment become extinct and nugatory' and are not a subject of review by this court. Code (Ann.) § 81-1001; McCormick v. Johnson, 213 Ga. 544 (100 S. E. 2d 195); Adams v. Ricks, 91 Ga. App. 494 (1b) (86 S. E. 2d 329). Jackson v. Jackson, 214 Ga. 619 (106 S. E. 2d 783), apparently holding to the contrary, may be distinguished on the ground that in the McCormick case, as here, the original demurrers were not renewed, and on…