Jackowitz v. Tingle

98 Ga. App. 463 (1958)

106 S.E.2d 44

JACKOWITZ

v.

TINGLE.

37370.

Court of Appeals of Georgia.

Decided October 24, 1958.

MacDougald & Feagin, John E. Feagin, for plaintiff in error.

Walter W. Aycock, James O. Goggins, contra.

QUILLIAN, Judge.

1. Where, as in this case, the plaintiff filed an amendment to the petition which materially changed the nature of the petition, a previous judgment overruling a general demurrer to the original petition did not preclude the defendant from demurring generally to the petition as amended. Code § 81-1312; Green v. Spires, 189 Ga. 719, 721 (7 S. E. 2d 246).

2. Where, as…