Roles v. Edwards

1. A judgment on demurrer until reversed concludes the parties upon all questions necessarily involved in the decision of the points raised in the demurrer. Gibson v. Mason, 31 Ga. App. 584 (2) (121 S. E. 584). A judgment overruling a general demurrer to a petition, unless excepted to and reversed, is an adjudication that the petition sets forth a cause of action. Turner v. Willingham, 148 Ga. 274 (2) (96 *528S. E. 565). It matters not, therefore, -whether the ruling on the demurrer was right or wrong; it became the law of the ease and is conclusive upon the parties thereto. By not excepting to…