Hancock v. Wilson

Head, Justice.

1. In the present case, the caveat was several times amended, and demurred to; some of the grounds of the demurrers were overruled, and others sustained with the right to amend. When a pleading is amended, after being demurred to, questions made by the first demurrer become moot, and when the pleading is again demurred to, and again amended, the second demurrer likewise becomes extinct and nugatory. Code (Ann.) § 81-1001; Holliday v. Pope, 205 Ga. 301, 308 (53 S. E. 2d 350); Hunter v. Ogletree, 212 Ga. 38 (89 S. E. 2d 891). To the redrafted caveat (which recites that it was…