Georgia Power Company v. Thompson

A general demurrer was sustained to the petition and the case dismissed by the superior court, but this court, in affirming the judgment, granted the plaintiff leave to amend, as stated in Thompson v. Ga. Ry. & Power Co., supra. It was therefore not an unconditional affirmance of the judgment below which would take the case entirely out of court, but the leave to amend left it in such condition that the amendment could still be made. Central Railroad & Banking Co. v. Paterson, 87 Ga. 646, 647 (13 S. E. 525). After a general demurrer to a petition has been sustained and the case dismissed by…