White County Bank v. Clermont State Bank

I. The general demurrer to the petition specifically sets forth the illegality of the certificate of deposit sued on, on account of its appearing by the petition that the certificate was not signed and countersigned by two officers of the bank, as provided by law. The judgment overruling the demurrer to the petition, being unexcepted to, became the law of the case, and adjudicated the right of the plaintiff to recover upon proof of the facts alleged. Lawrence v. Boswell, 155 Ga. 690, 693 (118 S. E. 45); Niemeyer v. Dougan, 31 Ga. App. 99 (119 S. E. 544); Grossman v. Atlanta, 25 Ga. App. 161…