Davis House, Inc. v. Mink

Quillian, Judge.

Appeal was taken from the overruling of a general demurrer to the petition. Subsequent to the case being docketed in this court, appellee, plaintiff below, filed a material amendment to her petition. Appellee then filed her written motion to dismiss the appeal, attaching thereto a certified copy of the amendment and of the order allowing the same filed. Held:

The trial judge having jurisdiction to allow the amendment (Westbrook v. Nationwide Ins. Co., 113 Ga. App. 299, 300 (147 SE2d 819); Ware v. Martin, 208 Ga. 330 (3) (66 SE2d 737)), the ruling enumerated as error, not going…