Rabun v. Planters Cotton Oil Company

Planters Cotton Oil Company Inc. brought suit in a justice’s court against B. F. Rabun. The summons was demurred to and amended. To the summons as amended there was another demurrer. A judgment was rendered for the plaintiff and the defendant appealed to the superior court. On hearing the demurrers the judge of the superior court overruled them and ordered the case to trial. Counsel for the defendant stated to the court that he could not go to trial on the pleadings in their amended form. The judge then passed the following order: “The above-stated case being formally called for trial at this…