Myers v. Griner

The bill of exceptions recites that at the appearance term a demurrer was filed, and that in the fifth ground of the demurrer it was averred “ that' there is no process attached to plaintiffs’ petition.” The failure to attach process, or an irregularity in a process, is not such a defect as can be taken advantage of by demurrer. When the defendant demurs without a protestation, he appears and pleads, and thereby waives all defects in the process, and even the absence of process itself. Southern Railway Co. v. Cook, 106 Ga. 450 (3), and cit. The judge would have been justified in refusing to…