Legal Opinion

American Commercial Service v. Bailey

Court of Appeals of Georgia

Decided November 16, 1925No. 16220Published

1Opinion of the CourtJenkins, P. J.

“Where a general demurrer was sustained, and the plaintiff during the same term moved to reinstate, offering to amend so as to cure the alleged defects in the original petition, this court will not interfere with the judgment refusing to permit the reinstatement.” Bowen v. Wyeth, 119 Ga. 687 (3) (46 S. E. 823); Stringer v. Atlanta Bow Factory, 25 Ga. App. 341 (4) (103 S. E. 421). The fact that the motion praying for the privilege to amend is denominated by the movant as a “motion in arrest of judgment ” would not operate to change the rule. While, despite such technical designation by the…

2Cases cited2 opinions

  1. Bowen v. WyethSupreme Court of Georgia · 1904
  2. Stringer v. Atlanta Box FactoryCourt of Appeals of Georgia · 1920

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