Brandwein v. Greenfield

Eberhabut, Judge.

While it would appear from a reading of the petition that if the plaintiff has a cause of action against the defendants, it had not accrued at the time of the filing of the suit (Code § 67-2002 (3), as amended; Allen v. Stephens, 102 Ga. 596, 29 SE 443); yet, this is a matter that can be invoked only by specific demurrer or by plea in abatement where it appears on the face of the petition, or by plea in abatement if it does not so appear, or by motion for nonsuit at the close of plaintiff’s evidence. It is not a matter that will make the petition subject to a general…