Jones v. Jones

Duckworth, Chief Justice.

The sworn statement contained in the motion to dismiss, not being denied or otherwise responded to, will be taken as true. Smith v. Jeffries, 188 Ga. 649 (4 S. E. 2d, 637); Davison v. City of Summerville, 204 Ga. 748 (51 S. E. 2d, 820). Here, the court sustained a general demurrer to an amendment to an answer and cross-petition on October 25, 1950, and this judgment was duly excepted to. But the court had already sustained a general demurrer to a petition with identical allegations as that of the above cross-action, and on November 17, 1950, the court declared the…