Legal Opinion
Bryan v. Digby
Court of Appeals of Georgia
Decided July 9, 1965No. 41342PublishedCited by 3 opinions
1Opinion of the Court
Deen, Judge.
1. A judgment sustaining or overruling a general demurrer fixes the law of the case as to the sufficiency *135of a petition to set out a cause of action unless the plaintiff by amendment sets up new facts which, taken in connection with the allegations of the original petition, present a different situation requiring a contrary conclusion. Brooks v. Southern Clays, 220 Ga. 152 (137 SE2d 630); Northside Manor, Inc. v. Vann, 219 Ga. 298 (133 SE2d 32).
2. The defendant filed 2 general and 11 special demurrers to the plaintiff’s petition. The court overruled both general and 4 special…
2Cases cited4 opinions
- Northside Manor, Inc. v. VannSupreme Court of Georgia · 1963
- Murphy v. District Grand Lodge No. 18Supreme Court of Georgia · 1919
- SEWELL DAIRY SUPPLY COMPANY v. TaylorCourt of Appeals of Georgia · 1964
- Brooks v. Southern Clays, Inc.Supreme Court of Georgia · 1964
3Cited by3 opinions
- State Highway Department v. Hewitt Contracting Co.Court of Appeals of Georgia · 1967
- Gassett v. Hugh Steele, Inc.Court of Appeals of Georgia · 1966
- Meaders v. WhiteCourt of Appeals of Georgia · 1967