Kidd v. Holtzendorf

We will not here discuss or go into the question that the motion of the defendant to dismiss the plaintiff’s petition was not filed in time. So far as this case is concerned, any discussion of that point is beside the question to be determined here. We have set out the allegations of the petition in *364full, and have set out the allegations of the answer substantially. The court correctly refused to dismiss the petition of the plaintiff on the motion of the defendant. The defendant cites in support of the motion to dismiss the petition, Martin v. Ball, 30 Ga. App. 729 (119 S. E. 222), and…