Greene v. Kelly

Jenkins, Justice.

1. An equitable petition is not subject to dismissal on general demurrer, if it states a cause of action as to any equitable or legal relief prayed. Grant v. Hart, 192 Ga. 152 (14 S. E. 2d, 860), and cit.; Lyles v. Watson, 189 Ga. 768 (7 S. E. 2d, 909).

(а) Where, on a renewed general demurrer, the-judge dismissed the petition as amended, without passing on the propriety of allowing the amendment as setting up a new cause of action, that question, though raised by special demurrer, can not be considered on exceptions taken to the dismissal of the petition on general demurrer.…