Kerr v. Kerr

Atkinson, Justice.

1. Where a general demurrer to a petition in an action of complaint for land is overruled, the judge may, during the same term, vacate such order by a second order declaring the first order vacated. Bowen v. Wyeth, 119 Ga. 687 (46 S. E. 823); Gaines v. Gaines, 169 Ga. 432 (150 S. E. 645); 34 C. J. 207, § 436.

2. Where subsequently the case is regularly heard and the demurrer is sustained, the judgment sustaining the demurrer is not erroneous on the ground that the judge was without authority to render it.

3. The petition alleged that plaintiff claimed title under a parol gift…