Wright v. Legg

Nichols, Judge.

No demurrers were filed to the original petitions and no contention is now made by the defendant that the original petition did not set forth causes of action. The sole contention is that the amendments to- the petitions sought unsuccessfully to negative a defense and were for such reason subject to general demurrer. “Ordinarily the plaintiff, in his petition, need not anticipate or negative a possible defense. Where, however, such defense is anticipated, it must be effect ually avoided, or the complaint is bad.” James v. Maddox, 153 Ga. 208 (3) (111 S. E. 731). See also…