Jackson's Mill & Lumber Co. v. Holliday

Russell, Judge.

1. Where, as here, a petition is amended in a material respect after the filing of demurrers directed to the original pleading, the demurrers, if intended to be relied upon against the petition as amended, must be renewed. Otherwise they will form no basis for an assignment of error in this court. McCormick v. Johnson, 213 Ga. 544 (100 SE2d 195); Lewis v. Gay, 215 Ga. 90 (1) (109 SE2d 268). The order of the trial court on which error is assigned here is a judgment overruling a general demurrer and sustaining a special demurrer to paragraph 5 of count 3 with leave to amend.…