Moore v. Gregory

1. Where a general demurrer to the petition is overruled and this court reverses that ruling, the right to amend is not terminated by the judgment of this court, and the issues involved have not become res judicata; thereafter the suit can be amended or dismissed by the plaintiff at any time before the remittitur from this court has been made the judgment of the court below, and, if dismissed, can be renewed at any time within the period allowed under the Code, § 3-808. 2. The renewal suit stated a cause of action for libel.

DECIDED APRIL 21, 1945. REHEARING DENIED JUNE 28, 1945.

Miss Madge…