Moreland v. Kilgore

A motion to dismiss a plaintiff’s petition in the trial court is in the nature of a general demurrer. Davis v. Terrell, 70 Ga. App. 478 (28 S. E. 2d, 590). Counsel for the plaintiffs in their motion to dismiss rely chiefly upon the case of Talmadge v. Seymour, 170 Ga. 22(1) (152 S. E. 96), and the case cited therein, Sayer v. Brown, 119 Ga. 539 (43 S. E. 649). We do not think these cases are authority for the contention of the movants to dismiss the bill of exceptions. It will be noted that in the Talmadge case counsel asked permission to file an additional demurrer and the court refused to…