Shelton v. Haas

On November 2, 1964, a general demurrer was sustained in the lower court to the petition of plaintiff. The court’s order allowed plaintiff 20 days within which to amend his petition but ordered that on failure to amend the petition “shall stand dismissed.”

Within the stated time the plaintiff filed a pleading attempting to amend the original petition, without first obtaining an order of the court allowing the amendment to be filed. That did not amount to amending the petition. Clark v. Ganson, 144 Ga. 544 (2) (87 SE 670); Ga. Procedure and Practice, § 7-4, p. 167. Thus the petition stood…