Perry v. Griffin

1. The motion to dismiss the bill of exceptions must be overruled, since the judgment of the trial court sustaining the demurrer did, by its terms, dismiss the petition if not amended to meet the demurrer within fifteen days, and the time thus allowed had expired without such amendment, before the bill of exceptions was sued out. Georgia Railway & Power Co. v. Kelly, 150 Ga. 698, 699 (105 S. E. 300). The case differs from those decided by this court in Massengale v. Colonial Hill Co., 34 Ga. App. 807, 809 (131 S. E. 299), and Insurance Company of North America v. Folds, 35 Ga. App. 720 (1)…