LIBERTY LOAN CORPORATION v. Leftwich

On Motion for Rehearing.

Plaintiff contends that any deficiencies rendering the petition subject to general demurrer were cured on trial of the case by the admission of evidence unobjected to, the effect of which was to amend the petition. In this argument plaintiff relies upon the authority of Insurance Co. of St. Louis v. Bray, 105 Ga. App. 675, 676 (1) (125 SE2d 691), where it was ruled: “The *116petition thus was in effect amended by the evidence under the principles announced in Napier v. Strong, 19 Ga. App. 401, 404 (2) et seq. (91 SE 579). . . It follows that there was no harmful or…