Adams v. Ricks

Prior to 1952, the law was to the effect that, where a party submitted to a ruling sustaining a demurrer to pleading by filing an amendment which attempted to meet the grounds of demurrer, he acquiesced in the previous ruling, which then became the law of the case (Walraven v. Walraven, 76 Ga. App. 713 (1), 47 S. E. 2d 148), and an amendment thereafter filed which added nothing new or of substance, but was merely an elaboration of the averments of the original petition, should accordingly be stricken because the first ruling, whether right or wrong, was necessarily controlling until reversed.…