McBurney v. Woodward

“If a special demurrer is urged to a petition, or other pleading, already of file, attacking only certain parts of it, and *813is sustained, the result is to eliminate the parts so held bad.” White v. Little, 139 Ga. 522 (3) (77 S. E. 646). Where the special demurrer goes only to some particular part of the petition, without which a valid cause of action would still be set forth, the result of sustaining the special demurrer would be to strike the defective portion of the petition, not to dismiss the action. And where a special demurrer to a petition is sustained with leave to amend, and there is…