Warren v. Bearden

1. It is not proper for a demurrer to allege facts which are not set forth in the petition which it seeks to attack; it thereby becomes speaking in character, and should be overruled. Clarke v. East Atlanta Land Co., 113 Ga. 21 (2), 26 (38 S. E. 323); Smith v. Ice Delivery Co., 8 Ga. App. 767 (4), 768 (70 S. E. 195). The court therefore did not err in overruling the demurrer in this ease.

2. Where suit is brought on a promissory note, which has been transferred to the plaintiff by the administrator of a deceased person, the defendant (the maker of the note), and also her husband acting as her…