Stamps Tire Co. v. Hartford Accident & Indemnity Co.

Bell,' Presiding Judge.

1. The trial court in this case sustained defendant’s plea in bar to plaintiff’s petition. Plaintiff contends that the court erred in considering the plea in bar where the plea was not renewed after plaintiff had materially amended its petition. The two different functions of general demurrer and plea in bar are not analogous. General demurrer challenges the sufficiency of plaintiff’s allegations and must therefore be renewed whenever those allegations are changed by material amendment. See General Acc. &c. Corp. v. Way, 20 Ga. App. 106 (2) (92 SE 650). The plea in bar…