Board of Edu. of Candler Co. v. Franklin

Atkinson, Presiding Justice.

(After stating the foregoing facts.) Under a fair construction of the pleadings, the petitioner was seeking by mandamus to enforce payment of the judgments and the executions based thereon, and the amended petition was not subject to demurrer on the ground that it fails to show whether the petitioner seeks such relief, or to recover on the notes, or for money had and received.

A controlling question is whether the amended petition was subject to demurrer on the ground that it showed the loan-represented by the note for $574.55 to have been obtained' at a time when…