Varner v. Atlanta Laundries Inc.

Beck, Presiding Justice.

(After stating the foregoing facts.) It has long been settled that an amendment to meet a ruling on a demurrer waives any right to except to the order sustaining the demurrer. When a demurrer to a petition is sustained, the plaintiff may either take the position that his petition is good and except to the order sustaining the demurrer, or he may acquiesce in the correctness of the ruling on the demurrer and amend to meet it. By amending to meet the demurrer he agrees to the correctness of the *154ruling, and can not thereafter except to the ruling. It is immaterial whether…