Cain v. Phillips

Hawkins, Justice.

1. A demurrer to a petition, or motion to dismiss in the nature of a demurrer, does not, without more, cover the petition after it has been amended in material respects, but in such case the demurrer or motion to dismiss should be renewed if it is still relied on. Livingston v. Barnett, 193 Ga. 640 (19 S. E. 2d 385); Hughes v. Purcell, 198 Ga. 666 (32 S. E. 2d 392).

2. Where, as here, a petition, to which a demurrer or motion to dismiss in the nature of a demurrer has been filed, is thereafter amended in material respects, and such demurrer or motion is not renewed to the…