Burruss v. Burruss

Jenkins, Presiding Justice.

1. Where on demurrer to a petition an order is entered requiring that the petition be amended by setting forth certain facts construed by the order to be material to the cause of action, and that in default of such amendment within a stated time the petition “stand dismissed,” such order is the law of the case, in the absence of timely exception and. writ of error therefrom. If the petitioner fails to amend, a dismissal of the action automatically results, or a formal order of dismissal is proper. Howell v. Fulton Bag & Cotton Mills, 188 Ga. 488, 490 (4 S. E. 2d,…