Terrell County v. City of Dawson

1. The motion to dismiss, in the nature of a general demurrer to the original petition, filed in this case after the appearance term and after a judgment sustaining a general demurrer" to the petition had been reversed by the Court of Appeals, was founded on matter that did not appear on the face of the petition, and was properly overruled. Civil Code, § 5629; Southern Cotton Oil Co. v. Raines, 171 Ga. 154 (2) (155 S. E. 484).

2. The amendments to the answer filed at the stage of the case indicated in the preceding note sought to set up new facts and defenses of which notice was not given by…