Laughlin v. Bon Air Hotel Incorporated

Plaintiff sought by demurrer to show that defendant had not “opened legally”, and “in the manner prescribed by law”, the default. He contends thajt dlefendant failed to show this in that he did not plead that costs had been paid. Thompson v. Nichols, 208 Ga. 147 (65 S. E. 2d, 603), held that such question could not be raised by general demurrer and that the proper manner in which to raise the question is by a motion to strike the plea. While in the Thompson case the plaintiff’s demurrer was general in nature and did not -specifically mention the default as did the demurrer in the instant…