Kumpe v. Hudgins

1. Where, on hearing a general demurrer to a petition, the court sustained the demurrer, but in the order provided that the plaintiff should have “ten days leave to amend, and [that] upon failure to amend so as to set out a case the petition shall stand as dismissed,” the effect of the judgment was that, in the absence of any sort of amendment, the petition was dismissed at the expiration of ten days. Georgia Railway & Power Co. v. Kelly, 150 Ga. 698 (105 S. E. 300) ; Beermann v. Economy Laundry Co., 153 Ga. 21 (111 S. E. 399); Warm Springs Banking Co. v. Riehle, 39 Ga. App. 288 (146 S. E.…