Smith v. Bugg
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
Section 5681 of the Civil Code (1910) provides that “All parties, whether plaintiffs or defendants, in the superior or other courts, whether at law or in equity, may at any stage of the cause, as matter of right, amend their pleadings in all respects, whether in matter of form or of substance, provided there is enough in the pleadings to amend by.” The essential purpose and function of a special demurrer is to compel amendment. The sustaining of a special demurrer does not, ipso facto, work a dismissal of a petition, even though no amendment is offered. News Publishing Co. v. Lowe, 8 Ga. App.…
Also in this document: Concurrence.
2Cases cited20 opinions
- Clark v. GansonSupreme Court of Georgia · 1916
- Folsom v. HowellSupreme Court of Georgia · 1894
- Speer v. AlexanderSupreme Court of Georgia · 1920
- McSwain v. EdgeCourt of Appeals of Georgia · 1909
- White v. LittleSupreme Court of Georgia · 1913
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3Cited by41 opinions
- Sutton v. AdamsSupreme Court of Georgia · 1934
- Rivers v. KeySupreme Court of Georgia · 1940
- Hayes v. SimpsonCourt of Appeals of Georgia · 1950
- Northwestern Mutual Life Insurance Co. v. SuttlesSupreme Court of Georgia · 1946
- Luke v. EllisSupreme Court of Georgia · 1946
36 more not listed; retrieve them via the Exa API.