Legal Opinion

Collins v. Louisville & Wadley Railroad

Court of Appeals of Georgia

Decided September 30, 1955No. 35817PublishedCited by 4 opinions

1Opinion of the CourtGardner, P. J.

1. It is our opinion that paragraph 36 of the amended plea of settlement is a general demurrer, and the court did not err in overruling it. We think the amendment is allowable because it merely alleged facts in explanation of certain terms in the contract. We do not think the question of the general demurrer to the petition before amendment is before this court for the reason that it must be treated as abandoned, since it was not renewed and insisted upon after amendment. See General Accident, Fire &c. Corp. v. Way, 20 Ga. App. 106 (2) (92 S. E. 650); Mauldin v. Mauldin, 25 Ga. App. 743 (2)…

2Cases cited15 opinions

  1. Riley & Co. v. London Guaranty & Accident Co.Court of Appeals of Georgia · 1921
  2. City Electric Railway Co. v. Floyd CountySupreme Court of Georgia · 1902
  3. Tyson v. WoodruffSupreme Court of Georgia · 1809
  4. General Accident, Fire & Life Assurance Corp. v. WayCourt of Appeals of Georgia · 1917
  5. Wilcox v. City of ElbertonSupreme Court of Georgia · 1899

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mesa v. PooleCourt of Appeals of Georgia · 1972
  2. National Surety Corporation v. HuntCourt of Appeals of Georgia · 1961
  3. Venture Construction Co. v. Great American Mortgage InvestorsCourt of Appeals of Georgia · 1975
  4. Shaver v. OliverDistrict Court of Appeal of Florida · 1966

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