Legal Opinion
South Carolina Insurance v. Glennville Bank
Court of Appeals of Georgia
Decided February 9, 1965No. 41152PublishedCited by 8 opinions
1Opinion of the Court
Eberhardt, Judge.
The first proposition argued by the insurance company is that the overruling of the bank’s first general demurrers established the law of the case that the petition set out a cause of action. It is pointed out that no exception was taken to this order.
This position is the correct rule under some circumstances. However, the cases are legion that demurrers filed before a material amendment to the petition do not cover the amended petition. E.g. Bruce v. Roberts, 219 Ga. 394 (133 SE2d 327) and citations; Jackson’s Mill &c. Co. v. Holliday, 108 Ga. App. 663 (1) (134 SE2d 563) and…
2Cases cited7 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Queen Insurance Co. of America v. Nalley Discount Co.Supreme Court of Georgia · 1960
- Jackson's Mill & Lumber Co. v. HollidayCourt of Appeals of Georgia · 1963
- Georgia Casualty & Surety Co. v. RevilleCourt of Appeals of Georgia · 1957
- Hanover Fire Insurance Co. v. ScroggsCourt of Appeals of Georgia · 1954
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. DorseyCourt of Appeals of Georgia · 2005
- Thames v. Piedmont Life InsuranceCourt of Appeals of Georgia · 1973
- Southern Railway Co. v. GroganCourt of Appeals of Georgia · 1966
- McLean v. McLeanSupreme Court of Georgia · 1978
- Admiral Insurance Company v. Cresent Hills Apartments, Bauer Agency, Inc.Court of Appeals for the Eleventh Circuit · 2003
3 more not listed; retrieve them via the Exa API.