Banks v. Champion

Jordan, Presiding Judge.

The fifth enumeration is directed to the order of the trial court overruling the defendant’s general and special demurrers and a motion to strike.

The action was commenced before the effective date of the Civil Practice Act, but the new procedure under the Act automatically applied at the time of the court’s ruling, absent an affirmative determination by the trial court that in his opinion it would not be feasible or work injustice. Section 86 of the Act (Ga. L. 1966, pp. 609, 671; 1967, p. 8; 1967, pp. 226, 250; Code Ann. § 81A-186). The record is silent as to any such…