Huson v. Farmer

ON MOTION ROE REHEARING.

Counsel for the plaintiff in error, in a motion for rehearing, contends that this court, in holding that the insufficiency of the petition in failing to allege that the right of way had been kept open and in repair for seven years and was over improved land could not be inquired into since the insufficiency of the petition in this respect was not made by demurrer or motion to dismiss or in the petition for certiorari, overlooked the rule laid down in Kelly v. Strouse, 116 Ga. 872 (43 S. E. 280) and other authorities which hold that the insufficiency of a petition to…