Nichols v. Acree

Bell, Presiding Judge.

The bill of exceptions assigns as error the judgment of the trial court in sustaining general demurrers of the defendants based on irregularities apparent in the process attached to the petition.

“The failure to attach process, or an irregularity in a process, is not such a defect as can be taken advantage of by demurrer.” Myers v. Griner, 120 Ga. 723, 724 (48 SE 113). “Appearance and pleading shall be a waiver of all irregularities of the process, or of the absence of process, and the service thereof.” Code § 81-209. The filing of a general demurrer is equivalent to a…