Legal Opinion

Southern Finance Co. v. Glaze

Court of Appeals of Georgia

Decided February 14, 1968No. 43368PublishedCited by 1 opinion

1Opinion of the Court

Quillian, Judge.

The defendant filed general and special demurrers to the petition and contends that the court erred in overruling the demurrers to the petition; however, the Clerk of Hall Superior Court has certified that there was no separate ruling on demurrers in this case. “Where parties go to trial upon the merits of a case without calling the court’s attention to demurrers filed to the pleadings, and without insisting upon a ruling thereon, the defendant thereby waives any rights that *251he might have to a hearing on the demurrers, and the court does not err in treating them as abandoned.”…

2Cases cited9 opinions

  1. Caylor v. WheatSupreme Court of Georgia · 1954
  2. Wells v. WellsSupreme Court of Georgia · 1960
  3. Sanders v. Alpha Gamma Alumni Chapter of Delta Sigma Phi FraternityCourt of Appeals of Georgia · 1963
  4. Sunbrand Supply Co. v. Garment Finishing Equipment Corp.Court of Appeals of Georgia · 1959
  5. Ward v. BarnesSupreme Court of Georgia · 1894

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3Cited by1 opinion

  1. Ritter v. CastelliniNew Jersey Superior Court Appellate Division · 1980

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