Sellers v. City of Summerville

Headnote 1 is self-explanatory and requires no elaboration.

The judgment on December 3, 1952, in which the plaintiff was allowed until December 15, 1952, within which to amend, contained no ruling on the general demurrers, but ruled solely on special demurrers. The plaintiff did not amend within the time allowed. It is provided in Code (Ann. Supp.) § 81-1001, as amended by the act of 1952 (Ga. L. 1952, pp. 243, 245), that “the court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment which shall supersede the judgment allowing time…