Marsh v. State Highway Department

Quillian, Justice.

The holding of this court on the former appearance of the case was an adjudication that the petition set forth the right of the plaintiff to some, but not necessarily all, of the relief prayed. Feeny Hay Co. v. Trenton Milling Co., 189 Ga. 109 (1) (5 S. E. 2d 235).

When the original prayers of the petition were stricken by an amendment which substituted prayers for relief other and substantially different from that originally prayed, the question as to whether the petition set forth the right of the plaintiff to relief prayed by the amendment became an open question. Code §…