McJenkin Insurance v. Burton

The special grounds of the motion for new trial complain that the trial court erred (1) in overruling the general demurrer to count two of the petition as originally filed, and (2) in overruling the defendant’s motion to strike the plaintiff’s amendment to count two of the petition. “Rulings upon the sufficiency of the pleadings are not proper subject matter for a motion for a new trial.” Union Brokerage Co. v. Fine, 30 Ga. App. 788 (119 S. E. 343); Fechtel v. Chastain, 79 Ga. App. 517 (54 S. E. 2d 459). Accordingly, the special grounds of the motion for new trial cannot be considered.

On the…