General Accident, Fire & Life Assurance Corp. v. Way
Court of Appeals of Georgia
’ Petition to set aside judgment; from Camden superior court— Judge Highsmith. August 7, 1916.
1Opinion of the CourtBboyles, P. J.
1. “All parties, whether plaintiffs or defendants, may at any stage of the cause, as matter of right, amend their pleadings in all respects, whether in matter of form or substance, provided there is enough in the pleadings to amend by.” Civil Code (1910), § 5681. The plaintiff was within her rights in amending her petition to meet the demurrer interposed by the defendant.
2. A demurrer to the original petition does not cover the petition after it has been materially amended. Powell v. Cheshire, 70 Ga. 357 (2 b) (48 Am. R. 572). If the demurrer is still relied upon it should be renewed or…
2Cases cited2 opinions
- Powell v. CheshireSupreme Court of Georgia · 1883
- Miller v. Georgia Railroad BankSupreme Court of Georgia · 1904
3Cited by19 opinions
- Livingston v. BarnettSupreme Court of Georgia · 1942
- Mooney v. MooneySupreme Court of Georgia · 1946
- Atlanta Paper Co. v. SigmonCourt of Appeals of Georgia · 1950
- Smith v. AultmanCourt of Appeals of Georgia · 1923
- Henderson v. EllarbeeCourt of Appeals of Georgia · 1926
14 more not listed; retrieve them via the Exa API.