Altman v. Moses

(After stating the above facts.) The defendant contends that the court erred in sustaining the oral motion in the nature of a general demurrer and in striking his plea and answer. A defect apparent on the face of the pleadings may betaken advantage of by motion (Code, § 81-302); and where the defect in a pleading is fatal, it may be taken advantage of by an oral motion in the nature of a general demurrer, which motion may be made at any time before verdict. Royal Insurance Co. v. Oliver, 50 Ga. App. 327 (2) (177 S. E. 922); Meads v. Williams, 55 Ga. App. 224 (189 S. E. 718); Elbert County v.…