Legal Opinion

McCormick v. Johnson

Supreme Court of Georgia

Decided October 11, 1957No. 19825PublishedCited by 11 opinions

1Opinion of the Court

Head, Justice.

1. “Where the court sustains any or all demurrers to pleading, and allows time for the filing of an amendment, such judgment or order shall not be subject to exception or review, but the court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment which shall supersede the judgment allowing time for amendment.” Code § 81-1001 (as amended by Ga. L. 1946, pp. 761, 775; Ga. L. 1952, pp. 243-245; Ga. L. 1953, Nov.-Dec. Sess., p. 82).

2. “A demurrer to an original petition does not, without more, cover the petition after it…

2Cases cited5 opinions

  1. Livingston v. BarnettSupreme Court of Georgia · 1942
  2. Howard v. LeeSupreme Court of Georgia · 1952
  3. Jenkins v. JenkinsSupreme Court of Georgia · 1956
  4. Cain v. PhillipsSupreme Court of Georgia · 1955
  5. Hunter v. OgletreeSupreme Court of Georgia · 1955

3Cited by11 opinions

  1. Lumbermen's Underwriting Alliance v. JessupCourt of Appeals of Georgia · 1959
  2. Jackson's Mill & Lumber Co. v. HollidayCourt of Appeals of Georgia · 1963
  3. Peoples Loan & Finance Corp. v. McBurnetteCourt of Appeals of Georgia · 1959
  4. Shook v. Southern Railway Co.Court of Appeals of Georgia · 1960
  5. Stuart v. BerrySupreme Court of Georgia · 1962

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