Yarborough v. Horis A. Ward, Inc.

Debn, Judge.

1. A judgment sustaining or overruling a general demurrer fixes the law of the case as to the sufficiency of a petition to set out a cause of action unless the plaintiff *264by amendment sets up new facts which, taken in connection with the allegations of the original petition, present a different situation requiring a contrary conclusion. Northside Manor, Inc. v. Vann, 219 Ga. 298 (133 SE2d 32). Where the court overruled general demurrers to a petition but sustained a special demurrer to a paragraph which attempted to introduce irrelevant and prejudicial matter and this judgment was…