Hill v. Mobley

It will be noted that the demurrer to the amended petition is general except paragraph 3 which is a special demurrer, on the ground that the amendment sets forth a new and distinct cause of action. It will be noted that paragraph 1 of the demurrer states that the petition as amended does not set forth a cause of action for attorney’s fees in any amount against the defendant as provided for in Code § 20-506. This section provides that before attorney’s fees can be recovered, notice as provided for therein must be given. The defendant did not demur to the petition specially for this reason. Had…