Allen v. City of Atlanta

1. The judgment of January 30, 1952, overruling the general demurrer to the petition and to the petition as amended, to which no exception was taken, established, as the law of the case, that the petition and the petition as amended stated a cause of action. Darling Stores Corp. v. Beatus, 197 Ga. 125 (28 S. E. 2d, 124), and cases cited.

2. The question is posed, however, whether or not the amendments of April 3, 1952, were so material as to subject the petition as then amended to demurrer. It is conceded by counsel for the defendant that the first amendment of that date, concerned with the…